People v. Cornett

Defendant was charged with the murder of Fred Weaver Cole, the stepfather of his divorced wife. A jury found him guilty of murder in the first degree without recommendation as to penalty and on appeal the judgment imposing the death penalty was reversed. (People v. Cornett, 33 Cal.2d 1 [198 P.2d 877].)

Defendant was again tried and a jury found him guilty of murder in the second degree, recommending leniency. A motion for a new trial was denied and defendant appeals from the judgment of conviction and from the order denying a new trial.

Facts

On the day of the homicide, September 28, 1947,…