In Re Gaines

PETERS, J. This is a petition for habeas corpus urging that a judgment of death must be reversed because, during the penalty trial of petitioner, errors of the type condemned by People v. Morse, 60 Cal. 2d 631 [36 Cal. Rptr. 201, 338 P.2d 33], occurred. It is contended that such errors may be raised collaterally on habeas corpus, that they require a reversal, and that, therefore, the penalty issue must be retried. Under well-settled principles these contentions must be upheld.