People v. Price

The defendant was found guilty of murder in the first degree, without recommendation, and the death penalty was imposed. He has appealed from the judgment, asserting that the trial court erred in refusing to modify the verdict and judgment and fix the degree of' the crime at second degree murder, as moved by appellant and authorized by subdivision 6 of section 1181 of the Penal Code (as amended by Stats. 1927, p. 1037), and in refusing to give certain instructions requested by appellant with reference to intoxication.

Both of appellant’s contentions are based upon his. position that he was…