Neustice

People v. Neustice

Good Law
100 Cal. Rptr. 783·1972 Cal. App. LEXIS 1127·24 Cal. App. 3d 178
Court of Appeal of CaliforniaMarch 20, 1972Crim. 4478California5,008 words

Opinion

Opinion

Coughlin, J.

Defendant, by information filed March 13, 1970, in the County of Tulare, was charged with the murder of Louis Troyn in that county on September 3, 1968; entered pleas of not guilty and not guilty by reason of insanity; moved to dismiss upon the ground he had been denied his constitutional right to a speedy trial, but the motion was denied; moved for a change of venue and the motion was granted, the cause being transferred to San Diego County; was tried by a jury which found him guilty of murder in the first degree; withdrew his plea of not guilty by reason of insanity, whereupon the same jury considered the issue of punishment, fixing it at life imprisonment; moved for a new trial and for a reduction in the degree of the offense, which was denied; was sentenced to imprisonment for life; and appeals, contending the court erred (1) in admitting incriminating statements, including confessions obtained from him without a Miranda or Escobedo warning; (2) in denying his motion to dismiss; (3) in striking the testimony of a witness on the ground it was hearsay; (4) in denying him the right to show the incriminating statements and confessions attributed to him were coerced and…

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