Home/California Supreme Court/People v. Heslen

People v. Heslen

165 P.2d 250, 27 Cal. 2d 520, 1946 Cal. LEXIS 328
CourtCalifornia Supreme Court
DecidedJanuary 18, 1946
DocketCrim. 4619
StatusPublished
Cited by30 cases

This text of 165 P.2d 250 (People v. Heslen) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Heslen, 165 P.2d 250, 27 Cal. 2d 520, 1946 Cal. LEXIS 328 (Cal. 1946).

Opinion

CARTER, J.

In this ease a judgment imposing the death penalty upon defendant for first degree murder was reversed by this court on November 1, 1945, on the ground that the jury was erroneously instructed relative to the distinction between first and second degree murder. (People v. Heslen, (Cal.) 163 P.2d 21.) On November 29, 1945, pursuant to respondent’s petition, a rehearing was granted. The case was then placed on the calendar for argument at which time the respondent made a motion to modify the judgment by reducing it from a judgment of first degree murder to a judgment of second degree murder. Counsel for defendant *521 appeared and stated that he would not resist the motion. Under all the circumstances the motion should be granted.

The judgment of the trial court is, therefore, modified by reducing it to murder of the second degree, and as so modified, is affirmed. The cause is remanded to the trial court with directions to pronounce judgment upon defendant sentencing him for the term prescribed by law for murder of the second degree.

Gibson, C. J., Shenk, J., Traynor, J., Schauer, J., and Spence, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Barrera
14 Cal. App. 4th 1555 (California Court of Appeal, 1993)
State v. Stuart
715 P.2d 833 (Idaho Supreme Court, 1986)
People v. Saldana
157 Cal. App. 3d 443 (California Court of Appeal, 1984)
State v. McKenzie
608 P.2d 428 (Montana Supreme Court, 1980)
People v. Wiley
554 P.2d 881 (California Supreme Court, 1976)
People v. Steger
546 P.2d 665 (California Supreme Court, 1976)
State v. Gonzales
523 P.2d 66 (Arizona Supreme Court, 1974)
State v. Kountz
501 P.2d 931 (Arizona Supreme Court, 1972)
People v. Aikin
19 Cal. App. 3d 685 (California Court of Appeal, 1971)
People v. Newman
484 P.2d 1356 (California Supreme Court, 1971)
People v. Edgmon
267 Cal. App. 2d 759 (California Court of Appeal, 1968)
State v. Koho
423 P.2d 1004 (Idaho Supreme Court, 1967)
State v. Brock
416 P.2d 601 (Arizona Supreme Court, 1966)
People v. Cooley
211 Cal. App. 2d 173 (California Court of Appeal, 1962)
People v. Dalton
201 Cal. App. 2d 396 (California Court of Appeal, 1962)
People v. Hopper
302 P.2d 94 (California Court of Appeal, 1956)
People v. Tubby
207 P.2d 51 (California Supreme Court, 1949)
People v. Coston
185 P.2d 632 (California Court of Appeal, 1947)
People v. Dunn
177 P.2d 553 (California Supreme Court, 1947)

Cite This Page — Counsel Stack

Bluebook (online)
165 P.2d 250, 27 Cal. 2d 520, 1946 Cal. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-heslen-cal-1946.