gno.law

People v. Heslen

California Supreme Court · Crim. 4619 · 1946-01-18 · Published · 27 Cal. 2d 520 · 165 P.2d 250 · 1946 Cal. LEXIS 328

The PEOPLE, Respondent, v. FRANK M. HESLEN, Appellant

Area
criminal
Panel
Jesse W. Carter (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Carter

CARTER, J.

In this ease a judgment imposing the death penalty upon defendant for first degree murder was reversed by this court on November 1, 1945, on the ground that the jury was erroneously instructed relative to the distinction between first and second degree murder.

(People v. Heslen, (Cal.) 163 P.2d 21.) On November 29, 1945, pursuant to respondent’s petition, a rehearing was granted. The case was then placed on the calendar for argument at which time the respondent made a motion to modify the judgment by reducing it from a judgment of first degree murder to a judgment of second degree murder. Counsel for defendant *521 appeared and stated that he would not resist the motion. Under all the circumstances the motion should be granted.

The judgment of the trial court is, therefore, modified by reducing it to murder of the second degree, and as so modified, is affirmed. The cause is remanded to the trial court with directions to pronounce judgment upon defendant sentencing him for the term prescribed by law for murder of the second degree.

Gibson, C. J., Shenk, J., Traynor, J., Schauer, J., and Spence, J., concurred.

Cited by