Legal Opinion

People v. McGraw

California Court of Appeal

Decided April 4, 1983No. Crim. 5842PublishedCited by 7 opinions

[Certified for partial publication.1]

1Opinion of the Court

Opinion

FRANSON, Acting P. J.

Appellant stands convicted, after a jury trial, of the second degree murder of his stepson Terry Roe, age 22 (Pen. Code, §§ 187, 189). The jury also found appellant used a gun in the commission of the crime within the meaning of Penal Code section 12022.5. Appellant was sentenced to state prison for a term of 17 years to life.

Appellant contends the trial court made two prejudicial rulings: (1) the marital communication privilege did not preclude appellant’s wife from testifying against him; and (2) the prosecutor could present evidence that appellant had assaulted…

2Cases cited6 opinions

  1. Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
  2. People v. WorthingtonCalifornia Court of Appeal · 1974
  3. In re MoranSupreme Court of Missouri · 1899
  4. People v. KasunicCalifornia Court of Appeal · 1950
  5. People v. CarterCalifornia Court of Appeal · 1973

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3Cited by7 opinions

  1. People v. SinohuiCalifornia Supreme Court · 2002
  2. West Covina Hospital v. Superior CourtCalifornia Supreme Court · 1986
  3. State v. ChenowethCourt of Appeals of Washington · 2015
  4. Saeta v. Superior CourtCalifornia Court of Appeal · 2004
  5. Dunn v. Superior CourtCalifornia Court of Appeal · 1993

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

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