People v. Miller

KINCAID, J. pro tem.*

Appellant was charged with murder committed on December 2, 1960. Following a jury trial he was convicted of first degree murder and the penalty was fixed at life imprisonment. An appeal from that judgment was considered by the California Supreme Court and the judgment was reversed (People v. Miller, 57 Cal.2d 821 [22 Cal.Rptr. 465, 372 P.2d 297]). The reversal was basically because of error in the instructions to the jury.

The facts on the previous appeal and those presented on this appeal are substantially the same. The information alleges appellant suffered a prior…