to his sister and then the two of them talked outside until his sister came out and told them to be quiet. While in the bar, appellant was overheard saying, "I'm going to get that one tonight," while looking in the direction of Ms. played pool, drank together and left the bar around closing time at 2 a.m. arrived at JJ's Bar in Thousand Oaks at around 11 p.m., on Tuesday, August 3, 1982, and met appellant who was already at the bar. by use of both the names she commonly used, "Margie" and "Kelly." Ms. Īppellant and the victim, Margie D., had become acquainted prior to her homicide, which occurred on August 4, 1982. 3d 131, and because the court improperly admitted evidence of prior bad acts of the appellant and erred in instruction as to how such evidence can be considered, the conviction must be reversed. Because the jury was not instructed that it had to find that the appellant had the specific intent to kill in accordance withCarlos v. Code, § 261.) The appellant was sentenced to life in prison without the possibility of parole. (a)(17).) The jury found to be true the allegation that appellant committed the murder while engaged in the attempted commission of the crime of rape. Franklin, Deputy Attorneys General, for Plaintiff and Respondent.Īppellant Michael Stanley Nottingham was convicted at jury trial of murder in the first degree under the felony-murder rule. Van de Kamp, Attorney General, Carol Wendelin Pollack and Christine C. J., and Abbe, J., concurring.) ĭavid Harrell, under appointment by the Court of Appeal, for Defendant and Appellant. MICHAEL STANLEY NOTTINGHAM, Defendant and Appellant.
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