People v. Love

By information defendant was charged with the murder of his wife. He pleaded not guilty and not guilty by reason of insanity. A jury found him guilty of murder of the first degree but was unable to agree upon the penalty and was discharged. A second jury fixed the penalty at death and found that defendant was sane at the time of the homicide. Defendant successfully moved for a new trial on the ground of newly discovered evidence, and the order granting a new trial was affirmed by this court. (People v. Love, 51 Cal.2d 751 [336 P.2d 169].) At the second trial a jury again found defendant…