People v. Friend

Defendant appeals (by virtue of paragraph (b) of section 1239 of the Penal Code) from a judgment which imposes the death penalty after a jury verdict which found defendant guilty of murder of the first degree and was silent as to penalty, and from an order denying defendant’s motion for new trial. We have concluded that the issue of guilt was fairly tried and that the judgment and order denying a new trial should be affirmed insofar as relates" to the conviction of murder of the first degree, but (in accord with People v. Green (1956), ante, p. 209 [302 P.2d 307]) must be reversed and the…