People v. Capps

Opinion

WIENER, J.

An information charged William Randolph Capps with the murder of Richard Edward McNeese (Pen. Code, § 187) 2 and personal use of a firearm within the meaning of section 12022.5. A jury found Capps guilty of first degree murder and the use allegation to be true. In ruling upon Capps’ motion for a new trial, the court modified the verdict to a conviction of second degree murder. (§ 1181, subd. 6.) Capps appeals the judgment entered upon the modified verdict.

The principal question presented is whether the court was factually and legally justified in reducing Capps’ conviction of…