TRAYNOR, J.
By information defendant was charged with the murder of his wife. He pleaded not guilty and not guilty by reason of insanity. A jury found him guilty of murder of the first degree but was unable to agree upon the penalty and was discharged. A second jury fixed the penalty at death and found that defendant was sane at the time of the homicide. Defendant successfully moved for a new trial on the ground of newly discovered evidence, and the order granting...
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