People v. Quicke

This is an automatic appeal, under section 1239, subdivision (b), of the Penal Code, from a judgment imposing the death penalty upon defendant for the first degree murder of Susan Nash. On defendant’s first appeal we affirmed the judgment of guilt but reversed the judgment as to penalty. (People v. Quicke (1964) 61 Cal.2d 155 [37 Cal.Rptr. 617, 390 P.2d 393].) At the second penalty trial the jury again fixed the penalty at death; this appeal followed.

We shall explain why the judgment in the second penalty trial must be reversed because the trial court committed error of the type condemned in…