[DOWNLOAD] "People V. Valentine" by Supreme Court Of California * eBook PDF Kindle ePub Free

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eBook details

• Title: People V. Valentine
• Author : Supreme Court Of California
• Release Date : January 30, 1946
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Defendant has been tried on a charge of murdering Raymon Boyd. A jury found him guilty of murder of the first degree and fixed the penalty at life imprisonment. He appeals from the judgment of conviction and from an order denying his motion for new trial. Defendant contends, and we agree with his contentions, that the instructions relating to the differences between the degrees of murder and the definition and effect of provocation and sudden passion upon the degree or class of the homicide were prejudicially erroneous. Defendant further urges that the evidence is insufficient to support the finding that the homicide was murder of the first degree and that, since the errors in the instructions relate only to the degree and class of the offense, we should exercise our power (Pen. Code, § 1181, par. 6) to modify the judgment. Although it is doubtful whether the evidence (hereinafter summarized) could sustain a verdict of murder of the first degree, it is unnecessary for us to determine that point. The evidence is amply sufficient to sustain a verdict of either murder of the second degree or voluntary manslaughter. In that condition of the record we cannot say that as a matter of law it establishes either murder of the second degree or manslaughter to the exclusion of the other. Therefore, a new trial is necessary.

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