People v. Kerr

This is an automatic appeal from a judgment which imposes the death penalty. (Pen. Code, § 1239b.) Defendant pleaded guilty to a charge of murder and the trial judge, after hearing evidence, found that the crime was of the first degree and sentenced defendant to death. The judge filed a memorandum opinion which expresses his view that the murder was of the first degree both because it was committed in the perpetration of robbery and also because it was perpetrated by torture. We have concluded that the court erred in construing the facts attending the murder as constituting torture within the…