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High Court Upholds Death Sentence, Finding Rejection of Eyewitness Testimony Harmless

The California Supreme Court yesterday upheld a death sentence in a murder case over the protest of two justices that the trial judge prejudicially erred in disallowing testimony at the penalty phase of an eyewitness who recalls the shooter as being slim, which fits the description of the codefendant, while the appellant weighs in excess of 300 pounds.

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