People v. Friend

Defendant previously appealed from a judgment which imposed the death penalty in accordance with a jury verdict. We upheld his conviction of murder of the first degree, but, because ' of errors relating to the issue of punishment, we remanded the cause for the sole purpose of redetermining that issue. (People v. Friend, 47 Cal.2d 749, 772 [306 P.2d 463].) On retrial, the jury fixed the penalty at death, and the case is again before us automatically. (Pen. Code, § 1239, subd. (b).) The only question presented is whether defendant was deprived of a fair trial by the judge’s comments on the…