Bosby

People v. Bosby

Good Law
1967 Cal. App. LEXIS 1844·256 Cal. App. 2d 209·64 Cal. Rptr. 159
Court of Appeal of CaliforniaNovember 21, 1967Crim. 11579California3,597 words

Opinion

Opinion

Herndon, J.

Each of the defendants Bosby, Cooper, Harrington and Rhone has appealed from the judgment entered upon the verdict of a jury finding him guilty of murder in the first degree. The jury fixed each appellant’s sentence at life imprisonment.

Appellants contend (1) that their extrajudicial statements were obtained without compliance with the rules enunciated in Miranda v. Arizona, 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; (2) that their extrajudicial statements were not edited to prevent “cross-incrimination” as required by the retroactively applicable standards established in People v. Aranda, 63 Cal.2d 518 [47 CaI.Rptr. 353, 407 P.2d 265 ] ; and (3) that the court erred in instructing on premeditated murder when, absent the application of the felony-murder doctrine, the evidence was insufficient to sustain a verdict of first degree murder. We find no merit in these contentions.

The evidence is Avithout material conflict. Defendants Bosby, Cooper and Harrington offered no defense, neither testifying themselves nor calling any witnesses to testify in their behalf. Defendant Rhone did take the stand but his version of the events in issue did not differ in any…

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