From Casetext: Smarter Legal Research

People v. Heslen

Supreme Court of California
Jan 18, 1946
165 P.2d 250 (Cal. 1946)

Summary

In People v. Heslen, 27 Cal.2d 520 [ 165 P.2d 250], on a rehearing of its first decision, and upon motion of the attorney general, not resisted by defendant, the court reduced a conviction of murder in the first degree with death penalty, to second degree murder.

Summary of this case from People v. Coston

Opinion

Docket No. Crim. 4619.

January 18, 1946.

APPEAL from a judgment of the Superior Court of Sacramento County and from an order denying a new trial. Raymond T. Coughlin, Judge. Judgment modified and affirmed.

J. Oscar Goldstein and Burton J. Goldstein for Appellant.

Robert W. Kenny, Attorney General, David K. Lener, Deputy Attorney General, John Quincy Brown, District Attorney, Albert H. Mundt, Chief Deputy District Attorney, and John B. Heinrich, Deputy District Attorney, for Respondent.


[1] In this case 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 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.


Summaries of

People v. Heslen

Supreme Court of California
Jan 18, 1946
165 P.2d 250 (Cal. 1946)

In People v. Heslen, 27 Cal.2d 520 [ 165 P.2d 250], on a rehearing of its first decision, and upon motion of the attorney general, not resisted by defendant, the court reduced a conviction of murder in the first degree with death penalty, to second degree murder.

Summary of this case from People v. Coston
Case details for

People v. Heslen

Case Details

Full title:THE PEOPLE, Respondent, v. FRANK M. HESLEN, Appellant

Court:Supreme Court of California

Date published: Jan 18, 1946

Citations

165 P.2d 250 (Cal. 1946)
165 P.2d 250

Citing Cases

People v. Dalton

Proof of death by torture within the meaning of the foregoing statutory provision requires the showing of an…

People v. Tubby

(Webster's New Int. Dict. (2d ed.).) The dictionary definition was appropriately enlarged upon by this court…