People v. Marshall

THE COURT.

A hearing in this court after judgment in the District Court of Appeal, Fourth District, was granted in order that we might consider the effect of that judgment in the light of our recent decisions construing section 1026 of the Penal Code as amended in 1927 and the effect of the former appeal in this same case (People v. Marshall, 99 Cal. App. 224 [278 Pac. 258]) upon the rights of the defendant on this, the subsequent appeal. It cannot be doubted that the original judgment of conviction pronounced against the defendant on January 26, 1929, was premature and erroneous. This error…