People v. Flanagan

This is another in a series of eases involving the proper interpretation and application of rule 31(a) of the California Rules of Court.1 Several cases have already been decided involving the general problem (People v. Casillas, 61 Cal.2d 344 [38 Cal.Rptr. 721, 392 P.2d 521]; People v. Tucker, 61 Cal.2d 828 [40 Cal.Rptr. 609, 395 P.2d 449] ; People v. Johnson, 61 Cal.2d 843 [40 Cal.Rptr. 708, 395 P.2d 668]).

The facts of this case bring it within the rules announced in those cases.

Petitioner was sentenced for second degree murder on July 19,1963, after a trial without a jury. He was…