People v. Slater

I dissent. The provision “if the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the judgment accordingly without granting or ordering a new trial, and this power shall extend to any court to which the cause may be appealed” (Pen. Code, sec. 1181, subd. 6; Stats. 1927, p. 1037) was enacted, as noted in People v. Kelley, 208 Cal. 387 [281 P. 609] at page 392, to prevent a recurrence of the action taken in People v. Nagy, 199 Cal. 235 *372[248 P.…