In Re Garbutt

The COURT.

Harry Garbutt, in whose behalf this application for a writ of habeas corpus is urged, was convicted of murder in the ilrst degree, and the death penalty was imposed. On appeal to this court, the conviction was affirmed. (People v. Garbutt, 197 Cal. 200 [239 Pac. 1080].) Upon the going down of the remittitur, the trial court followed the procedure prescribed in sections 1193 and 1227 of the Penal Code as amended in 1923, and “reimposed” sentence upon the defendant without requiring him to be again brought before the court for that purpose. The defendant is now confined in the state…