In Re Jackson

The single question that we must answer here is whether a writ of habeas corpus properly enables us to review the sentence of death pronounced against petitioner after a penalty trial embracing the errors described in People v. Morse (1964) 60 Cal.2d 631 [36 Cal.Rptr. 201, 388 P.2d 33], and which resulted in the prejudice found in People v. Hines (1964) ante, p. 164 [37 Cal.Rptr. 622, 390 P.2d 398]. For the reasons hereinafter stated we have concluded that the writ should be granted to provide petitioner with a new penalty trial.

The jury found petitioner guilty of a rape-murder. The *502evidence…