People v. Heslen

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.…