In Re Spagnoli

THE COURT.

The prisoner was convicted of murder in the first degree and judgment was pronounced imposing the death penalty and fixing the day for the execution thereof, prior to the 1923 amendments to sections 1193 and 1227 of the Penal Code. Thereafter, upon appeal to this court, the judgment was affirmed. (People v. Wolfgang, 192 Cal. 754 [221 Pac. 907].) Upon the going down of the remittitur the trial court followed the procedure prescribed in the amended sections and “reimposed” sentence upon the prisoner without requiring him to be again brought before the court for that purpose.

It is…