While I concur in the conclusion reached in the foregoing decision, I 'believe such conclusion should be based upon the fact that the verdict as, returned, when read in connection with the instructions of the court, clearly shows that the jury did ‘■’find the degree of the crime” as required by section 408, C. C. P.
McCOY, J., concurs in the views expressed by WHITING, J., and GATES, J., concurs in the result.