# People v. Berve

> California Supreme Court · December 5, 1958 · 51 Cal. 2d 286

URL: https://www.frixlaw.com/law-library/cases/9563256

## Case

- **Full name:** The PEOPLE, Respondent, v. NELLARD ROBERT BERVE, Appellant
- **Court:** California Supreme Court
- **Decided:** December 5, 1958
- **Citations:** 51 Cal. 2d 286; 332 P.2d 97; 1958 Cal. LEXIS 232
- **Precedential status:** Published
- **Opinion:** Dissent by McCOMB
- **Judges:** Carter, McComb
- **Cited by:** 72 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part by People v. Cahill, 5 Cal. 4th 478 (1993).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9563256

## Opinion text

McCOMB, J.
I dissent.
In my opinion, a review of the entire record, including the testimony of Deputy Sheriff Peterson, corroborated by the statements of the defendant himself, shows that the evidence was sufficient to justify the court in finding, as it did, that the confession of defendant was free and voluntary. There can be no question of defendant’s guilt. I would affirm the judgment.
Shenk, J., and Spence, J., concurred.
Respondent’s petition for a rehearing was denied December 30, 1958. Shenk, J., Spence, J., and Me Comb, J., were of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9563256. Public record. Not legal advice.