People v. Miller

Opinion

MOSK, J.

Defendant appeals from a judgment entered after a trial to the court, convicting him of assault with a deadly weapon and first degree murder. He was found to have been legally sane at the time of the offenses, and the penalty on the murder count was fixed at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Defendant contends that the death penalty violates the California constitutional provision forbidding cruel or unusual punishments. (Cal. Const., art. I, § 6.) We so held in People v. Anderson (1972) 6 Cal.3d 628 [100 Cal.Rptr. 152, 493 P.2d 880], and must…