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People v. Morse
Citations: 8 Cal. 3d 811; 505 P.2d 1017; 106 Cal. Rptr. 177; 1973 Cal. LEXIS 261Docket: Crim. No. 14970
Court: California Supreme Court; February 8, 1973; California; State Supreme Court
Defendant Joseph Bernard Morse was initially convicted of first-degree murder, with a death penalty sentence, which was later reversed concerning the penalty but affirmed regarding guilt. Upon retrial for sentencing, the penalty was again set at death. This automatic appeal followed. Citing *People v. Anderson* and *Furman v. Georgia*, the court determined that the death penalty violates the California Constitution's prohibition against cruel or unusual punishment and is also contrary to the federal Constitution. Consequently, Morse's death sentence was vacated, making it unnecessary to address alleged errors from the second penalty trial. Defense counsel reviewed the guilt phase and found no viable grounds to contest the conviction. The judgment was modified to impose life imprisonment instead of death, which was affirmed. Justice Mosk did not participate, while Justice McComb dissented, advocating for the death penalty based on his previous dissent in *People v. Anderson*, referencing California Constitution Article I, Section 27.