PEOPLE v. HASHAWAY (1945)

Supreme Court of California.

PEOPLE v. HASHAWAY.

Cr. 3808.

Decided: February 15, 1945

Walter L. Gordon, Jr., of Los Angeles, for appellant. Robert W. Kenny, Atty. Gen., and Elizabeth Miller, Deputy Atty. Gen., for respondent.

We expressly withhold approval of the following statement in the foregoing opinion [155 P.2d 101, 110]: ‘It is not a legal requirement that premeditation, sufficient to constitute the element of premeditation in murder of the first degree, should exist for any given length of time, or for an appreciable time. [Citation] Such premeditation may be instantaneous. [Citations].’

The petition for hearing is denied.

PER CURIAM.

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