People v. Thomas ( 1951 )

SHENK, J.

I concur in the judgment but I do not agree with the very definite suggestion in the majority opinion that this court has the power under section 1181(6) or section 1260 of the Penal Code, even in the presence of error, to reduce the punishment and thus commute the sentence from death to life imprisonment or any lesser period. That power is exclusively vested in the governor of the state by section 1 of article VII of our Constitution. My views are more fully expressed in my concurring opinion in People v. Odle, ante, p. 52.