People v. Von Benson

This cause is now before this court for the second time. Upon the former hearing we reversed the order denying defendant’s motion for a new trial and remanded the cause for further proceedings in accordance with the views expressed in our decision. (Cal. App.) [99 Pac. (2d) 295]. No application was made to us for a rehearing, but within the prescribed time respondent filed with the Supreme Court a petition for hearing therein. Such petition was granted, and thereafter the Supreme Court entered its order transferring the cause to this court for hearing and determination.

At the former hearing…