People v. Nye

Defendant was found guilty of murder in the first degree, and a jury fixed- the penalty at death. This court affirmed the conviction but reversed as to penalty. (People v. Nye, 63 Cal.2d 166 [45 Cal.Rptr. 328, 403 P.2d 736].) Upon a retrial before a jury on the penalty issue, defendant was again sentenced to death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Fads: The evidence is set forth in some detail in our previous opinion and will be only briefly summarized here.

On January 7, 1963, defendant, who had met Susan Doctors a week previously, came by her home in Arcadia,…