I dissent.
On the authority of People v. Tubby, 34 Cal.2d 72 [207 P.2d 51], I would modify the judgment by reducing the degree of crime to murder of the second degree and as so modified affirm the judgment.
I dissent.
On the authority of People v. Tubby, 34 Cal.2d 72 [207 P.2d 51], I would modify the judgment by reducing the degree of crime to murder of the second degree and as so modified affirm the judgment.