[Download] "People V. Friend" by Supreme Court Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Friend
- Author : Supreme Court Of California
- Release Date : January 25, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Defendant appeals (by virtue of paragraph (b) of section 1239 of the Penal Code) from a judgment which imposes the death penalty after a jury verdict which found defendant guilty of murder of the first degree and was silent as to penalty, and from an order denying defendant's motion for new trial. We have concluded that the issue of guilt was fairly tried and that the judgment and order denying a new trial should be affirmed insofar as relates to the conviction of murder of the first degree, but (in accord with People v. Green (1956), ante, p. 209 [302 P.2d 307]) must be reversed and the cause remanded for a new trial on the issue of penalty only, because there were prejudicial errors which resulted in a miscarriage of justice (Cal. Const., art. VI, § 4 1/2) affecting solely the issue of punishment.