People v. Free
California Court of Appeal
1Opinion of the Court
Opinion
ANDREEN, J.
Appellant, John Arthur Free, was charged jointly with his brother Joe with murder (Pen. Code, § 187). He was tried separately and found guilty of second degree murder. The jury further found that he used a firearm during the offense (Pen. Code, § 12022.5). He appeals, alleging prosecutorial misconduct and instructional error.
Facts
Appellant, his brother Joe and the decedent Fear became embroiled in a barroom brawl in Modesto. According to prosecution witnesses, prior to the fight appellant left the bar to obtain a .45 caliber pistol. When he returned he had something heavy…
2Cases cited22 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Doyle v. OhioSupreme Court of the United States · 1976
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Michigan v. TuckerSupreme Court of the United States · 1974
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3Cited by14 opinions
- People v. EdelbacherCalifornia Supreme Court · 1989
- People v. JacobsCalifornia Court of Appeal · 1984
- People v. CallegriCalifornia Court of Appeal · 1984
- Coleman v. StateNevada Supreme Court · 1995
- People v. FondronCalifornia Court of Appeal · 1984
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