# People v. French

> California Supreme Court · February 27, 1939 · 12 Cal. 2d 720

URL: https://www.frixlaw.com/law-library/cases/9531450

## Case

- **Full name:** The PEOPLE, Respondent, v. HARRY A. FRENCH, Appellant
- **Court:** California Supreme Court
- **Decided:** February 27, 1939
- **Citations:** 12 Cal. 2d 720; 87 P.2d 1014; 1939 Cal. LEXIS 225
- **Precedential status:** Published
- **Opinion:** Concurrence by Shenk
- **Judges:** Seawell, Shenk, Houser
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part, on other grounds by People v. Valentine, 28 Cal. 2d 121 (1946).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9531450

## Opinion text

SHENK, J., Concurring.
I concur in the judgment. I see no escape from the conclusion that the homicide was murder of the first degree. I am convinced, however, that the defendant suffered provocation which would weigh *776 greatly in Ms favor if the court, in the exercise of its power under section 1181 of the Penal Code, could properly modify the judgment. The “judicial commutation” authorized by that section does not comprehend the power to reduce the penalty within the first degree, from death to life imprisonment. That function is exclusively with the jury in the first instance and then with the Governor in the exercise of his constitutional power of commutation.
Langdon, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9531450. Public record. Not legal advice.