(Download) "Borror v. Department of Investment" by First Appellate District, Division One Court of Appeal of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Borror v. Department of Investment
- Author : First Appellate District, Division One Court of Appeal of California
- Release Date : January 25, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
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 Witherspoon 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 appellant moved for a change of venue, and his motion was denied. He petitioned this court for a writ of mandate to compel the superior court to grant his motion, and the petition was denied. Appellants petition for writ of mandate directing a change of venue for the retrial on the penalty issue was ultimately granted by the Supreme Court (Fain v.