People v. Borchers

SCHAUER, J.—The

People appeal “from an Order of the Superior Court . . . modifying the verdict in the above entitled cause by reducing the punishment imposed.” (Pen. Code, § 1238, subd. 6.) Defendant does not appeal. A jury found defendant guilty of murder of the second degree and found that he was sane at the time of the commission of the offense. The trial judge denied defendant’s motion for a new trial on the issue of sanity and ordered that “Defendant’s motion for new trial on the case in chief is ruled upon as follows: In lieu of granting a new trial, the verdict of second degree Murder…