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PEOPLE v. KERR

Docket No. Crim. 5162.

37 Cal.2d 11 (1951)

229 P.2d 777

THE PEOPLE, Respondent, v. JOHN ALBERT KERR, JR., Appellant.

Supreme Court of California. In Bank.

April 17, 1951.

Attorney(s) appearing for the Case

William F. Docker and James H. Barstow for Appellant.

Fred N. Howser, and Edmund G. Brown, Attorneys General, and Walter L. Bowers, Assistant Attorney General, for Respondent.

SCHAUER, J.

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...

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