Sims v. Kernan

*107California law provides that the death penalty shall be inflicted by either lethal gas or by "an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, by standards established under the direction of the Department of Corrections and Rehabilitation." ( Pen. Code, § 3604, subd. (a).)1 The question in this case is whether that statute impermissibly delegates the Legislature's authority to non-elected agency officials. We *108conclude the trial court properly sustained defendant's demurrer on the ground that section 3604 does not violate the doctrine of…