People v. Odle ( 1951 )

SCHAUER, J.

I concur m tne judgment.

I do not agree with any implications in the majority opinion that within constitutional limitations the Legislature cannot, or that it has not, empowered this court to reduce punishment “in the interest of justice” in any case in which it may appear necessary or proper so to do.

The source of the legislative power is section 4% of article VI of the California Constitution.¹ The pertinent act of the Legislature is section 1260 of the Penal Code.²

2 Section 1260: ‘ The court may reverse, affirm, or modify a judgment or order appe'aled from, or reduce the degree of the offense or the punishment imposed, and may set aside, affirm, or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial.”