People v. Hillery

In the original trial of this case the jury found defendant guilty of first degree murder and fixed the penalty at death. Upon appeal this court, pursuant to People v. Morse (1964) 60 Cal.2d 631 [36 Cal.Rptr. 201, 388 P.2d 33], reversed the verdict as to penalty but affirmed the conviction of guilt, holding that the use of statements obtained in violation of People v. Dorado (1965) 62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361], did not work prejudice under article VI, section 13, of the Constitution of California. At a subsequent trial, commencing September 28, 1965, the jury again fixed the…