People v. Selz

WOOD (Fred B.), J.

Twenty years after rendition of judgment sentencing him to state prison for life for first degree murder, defendant moved to vacate because upon his plea of guilty the court failed to take evidence before determining the degree of the offense, †

The State contends that in this case the information charged first degree murder (thus dispensing with the need for evidence as to the degree) because it charged defendant with killing another “. . . wilfully, unlawfully and feloniously and with malice aforethought and premeditation.” ‡ The argument is that the use of the italicized…