People v. Hillery

The jury found defendant guilty of first degree murder and fixed the penalty at death. The court denied defendant’s motion for a new trial and entered judgment, on the verdict. This appeal comes to us automatically under Penal Code section 1239, subdivision (b).

On November 14, 1963, we unanimously affirmed the judgment of death entered upon the conviction of murder in the first degree.* We granted a rehearing to consider this case in light of our recent decision in People v. Morse (1964) 60 Cal.2d 631 [36 Cal.Rptr. 201, 388 P.2d 33], Subsequently we requested counsel to file briefs as to what…