...and conduct a presentence hearing." (Emphasis added.) 11 In Stroud, the relevant statute provided: "Every person guilty of murder in the first degree shall suffer death," but "the jury may qualify their verdict by adding thereto 'without capital punishment;' and whenever...

...of the first degree : and all other kinds of murder shall be deemed murder of the second degree. — Every person, guilty of murder in the first degree, shall suffer death." Laws of Pennsylvania, Digest art. Murder. (5) C. Pro humani, de homicidio in 6. 99. Homicidium quod...

...1874; Amendments 1873-4, 427; took effect July 1, 1874.*" 13.190. Punishment for murder. SEC. 190. Every person guilty of murder in the first degree, shall suffer death (a) The original eectlon did not have, tbe words " or mayhem." or confinement in the state prison for...

...the prisoner in relation to it. Again, the statute (section 1920. Comp. Laws 1876, p. 586) provides: "Every person guilty of murder in the first degree...of the jury, may be imprisoned at hard labor in the penitentiary for life, at the discretion of the court." ... It will be seen by this statute that, in...

...of an instruction relating to the recommendation of the jury. We have a statute which provides that "every person guilty of murder in the first degree shall suffer death, or, upon the recommendation of the jury, may be imprisoned at hard labor in the state 2 prison for life in the...

...section referred to respecting the mode of punishment. In the act of 1876, however, it is provided that " every person guilty of murder in the first degree shall suffer death," or, etc. CL p. 586, §1920. But no mode, however, of carrying into execution the sentence of death is specified...

...imprisonment in the state prison not less than ten years, and which may extend to life. [In California every person guilty of murder in the first degree shall suffer death or confinement in the state prison for life at the discretion of the jury trying the same; or, upon a...

...repealed :by the Revised Penal Code, and it follows that the existing law of the Territory provides that every person guilty of murder in the first degree shall suffer death, without any other statutory regulation as to the mode of executing the sentence than what is found...

...occurred by criminal agency. People v. Ali'ito, 55 Cal. 230. See also People v. Dick, 37 CaL 277. 190. Every person guilty of murder in the first degree shall suffer death or confinement in the state prison for life, at the discretion of the jury trying the same; or upon a...

...mitigating or extenuating circumstances, or to show homicide, justifiable or excusable— 45 Cal. 291. 190. Every person guilty of murder in the first degree, shall suffer death or confinement in the State prison for life, at the discretion of the jury trying the same ; or upon a...