People v. Martin , 12 Cal. 2d 466 ( 1938 )

HOUSER, J., Dissenting.

I dissent.

In my opinion, as to defendant Martin, the judgment should be affirmed. But as to defendant Spotts, I am unwilling to concur in a judgment, by reason of which,— founded as it is upon such equivocal and unsatisfactory evidence of his guilt as appears in the record of the case,— he shall suffer the penalty of death.

Langdon, J., concurred.