Legal Opinion
People v. Fain
California Court of Appeal
Decided June 15, 1971No. Crim. No. 837PublishedCited by 20 opinions
1Opinion of the Court
Opinion
GARGANO, J.
In 1967, appellant was convicted of murder in the first degree, numerous counts of forcible rape, kidnaping, attempted kidnaping and forcible sex perversion; as to the murder count, the jury fixed the punishment at death, but because of violations of the mandate of Wither-spoon v. Illinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], the California Supreme Court reversed the judgment in part and remanded the cause to the Superior Court of Stanislaus County for a new trial on the penalty phase. (People v. Fain, 70 Cal.2d 588 [75 Cal.Rptr. 633, 451 P.2d 65].) Thereafter…
2Cases cited11 opinions
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- People v. IbarraCalifornia Supreme Court · 1963
- People v. DanielsCalifornia Supreme Court · 1969
- In Re AndersonCalifornia Supreme Court · 1968
- Maine v. Superior CourtCalifornia Supreme Court · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. PopeCalifornia Supreme Court · 1979
- People v. BigelowCalifornia Supreme Court · 1984
- Mobley v. StateSupreme Court of Florida · 1982
- In Re FainCalifornia Court of Appeal · 1976
- State v. DixSupreme Court of North Carolina · 1973
15 more not listed; retrieve them via the Exa API.