People v. Nye

Defendant was found guilty after jury trial of murder of the first degree, and the penalty was fixed at death. Thus his appeal automatically comes before this court pursuant to section 1239, subdivision (b), of the Penal Code.

Defendant does not question that the victim met her death at his hands on January 9, 1963. His primary contention is that the killing, in view of the circumstances, did not constitute murder in the first degree, and that several errors which occurred in the guilt phase of the trial require reversal. He further urges error in the penalty phase of the trial.

As to this…