(Download) "In Re Terry" by Supreme Court Of California * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Terry
- Author : Supreme Court Of California
- Release Date : January 24, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In 1959 Doyle Alva Terry was convicted on two counts charging lewd acts upon Richard and Timothy respectively, each a child under 14 (Pen. Code, § 288) and one count of infamous crime against nature committed against Timothy (Pen. Code, § 286). The judgment was affirmed. (People v. Terry (1960) 180 Cal. App. 2d 48 [4 Cal. Rptr. 597] [hg. den., cert. den. 364 U.S. 941 (5 L.Ed.2d 372, 81 S.Ct. 458)].) In 1960 Terry was found guilty of first degree murder for killing Police Officer Vernon Owings (Pen. Code, §§ 187, 189), conspiracy to commit robbery (Pen. Code, § 182), and five counts of first degree robbery (Pen. Code, §§ 211, 211a). We affirmed the judgment except the determination of penalty for the murder. (People v. Terry (1962) 57 Cal. 2d 538 [21 Cal. Rptr. 185, 370 P.2d 985] [cert. den. 375 U.S. 960 (11 L.Ed.2d 318, 84 S.Ct. 446)].) Upon a penalty retrial the jury again imposed the death penalty, and we again reversed that penalty. (People v. Terry (1964) 61 Cal. 2d 137 [37 Cal. Rptr. 605, 390 P.2d 381] [cert. den. 379 U.S. 866 (13 L.Ed.2d 68, 85 S.Ct. 132)].) The third penalty trial resulted in a mistrial. At the fourth penalty trial a jury again fixed the penalty at death, and we reversed that penalty under the compulsion of Witherspoon v. Ilinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770]. (People v. Terry (1969) 70 Cal. 2d 410 [77 Cal. Rptr. 460, 454 P.2d 36] [cert. den. 399 U.S. 911 (26 L.Ed.2d 566, 90 S.Ct. 2205)].)