People v. Coston

Defendant was convicted of murder in the first degree, with recommendation of life imprisonment. This conviction was affirmed in People v. Coston, 82 Cal.App.2d 23 [185 P.2d 632], Thereafter, he moved the superior court to vacate and set aside the judgment of conviction, claiming that the information upon which the conviction was based charged second degree murder only. This contention is made on the ground that, although the information is in the usual form and charged that the defendant “did willfully, unlawfully, feloniously and with malice aforethought murder” one White, a human being, it…