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83 Cal.Rptr action alleged Amendment appeal apply arrest assault Association attorney authority believe California cause charged circumstances City claim clear Code committed concerning concluded concurred conduct consider constitutional contends conviction corporation counsel County crime Criminal Law death penalty decision defendant defendant's denied determine earnings effect entered error evidence fact failed filed finding further granted ground guilty hearing held holding impose indicated injury instruction intent interest involved issue judge judgment jurors jury limited majority matter means motion murder noted notice object obtained offense officer opinion party person petition petitioner petitioner's plaintiff plea police present prior probation proceedings proper prosecution provides question reasonable record request Respondent result reversed robbery rule S.Ct sentence statements statute subd sufficient Superior Court supra testified testimony tion trial court United violation warrant witness