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Legal Opinion

Owen v. Superior Court

California Court of Appeal

Decided January 25, 1979No. Docket Nos. 44393, 44495PublishedCited by 12 opinions

1Opinion of the Court

Opinion

HALVONIK, J.

Petitioners are charged by indictment with conspiracy to commit murder in the first degree. The first degree murder charge also alleges two special circumstances: (1) that petitioners willfully conspired to commit premeditated murder “by means of a destructive device or explosive” (Pen. Code, § 190.2, subd. (b) 1 ) and (2) that petitioners willfully conspired to murder a peace officer engaged in the performance of his duties (§ 190.2, subd. (c)(1)).

The significance of the special circumstances allegations is that, if found true, petitioners’ punishment would be either death…

2Cases cited11 opinions

  1. Coker v. GeorgiaSupreme Court of the United States · 1977
  2. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  3. People v. KynetteCalifornia Supreme Court · 1940
  4. People v. BuffumCalifornia Supreme Court · 1953
  5. People v. ClenneyCalifornia Court of Appeal · 1958

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. GreenCalifornia Supreme Court · 1980
  2. People v. PangelinaCalifornia Court of Appeal · 1981
  3. Allen v. Superior CourtCalifornia Court of Appeal · 1980
  4. People v. Superior Court (Reed)California Court of Appeal · 1979
  5. People v. BuckleyCalifornia Court of Appeal · 1986

7 more not listed; retrieve them via the Exa API.

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