In People v. Anderson (1972) 6 Cal.3d 628, the death penalty was declared unconstitutional as constituting cruel and unusual punishment in violation of the California Constitution. A petition for rehearing was filed on the question whether bail should be denied as formerly in murder cases where guilt is evident or the presumption great. By way of the footnote amendment the court said the offense was still murder, even though the death penalty could no longer be exacted. Therefore, "subject to our future consideration of this issue in an appropriate proceeding we hold that murders remain as offenses for which bail should be denied." Although the court stated that references in the California constitution to capital punishment "do no more than recognize the existence of capital punishment at the time of their adoption"; the court also explained that the references to capital punishment were contained in the original state constitution in 1849, carried over into the constitution of 1879, and merely shifted into a different section of the constitution in 1966. (Id., 638-39.) The court then added: "Nothing in the legislative counsel's analysis, in the arguments for and against the revisions, or in the Secretary of State's official description of the ballot measure suggested to the voter that approval of proposition 1-a amending and revising various provisions of the state constitution in the election of November 8, 1966, would affirm the continuance of capital punishment." (Id., 639.) The court thereby indicated that, if the ballot measure had included such a suggestion, it would not have regarded the constitutional references to capital punishment as merely incidental.