People v. Larrios

This appeal is from a judgment imposing the death penalty, and from an order denying a motion for new trial. The defendant was informed against, tried and convicted in the Superior Court of the County of San Bernardino of murder of the first degree. The court thereupon pronounced the death penalty upon him as the law directs in such cases. The jury was fully instructed that it was within its discretion to relieve the defendant of the extreme penalty of the law by its verdict, but in order to do so, in ease its verdict should be murder of the first degree, it would be necessary for it to affix…