People v. Gorshen

Defendant pleaded not guilty to a charge of murder. Trial by jury was waived (as authorized by Cal. Const., art. I, § 7) and the court (see Pen. Code, § 1167) found defendant guilty of second degree murder. Defendant appeals from the ensuing judgment. He urges that uncontradicted psychiatric testimony, accepted by the trial court, establishes that defendant did not intend to take human life or, at least, that he did not act with malice aforethought, and that therefore he should he acquitted or, as a minimum of relief, that the offense should he reduced to manslaughter. We have concluded: (1)…