People v. Murphy

I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 . [ 100 Cal.Rptr. 152 , 493 P.2d 880 ], I dissent from the modification of the judgment.

Appellants petition for a rehearing was denied December 29, 1972.

On October 1, 1969, defendant Sean J. Murphy was charged jointly with Warren O. Saling by indictment with conspiracy to commit first degree murder (Pen. Code, § 182) and the first degree murder of defendant’s wife, Catherine Murphy (Pen. Code, §§ 187, 189). Defendant pleaded not guilty. His motion for severance was granted and after trial a jury found him guilty as charged and fixed the penalty at *352 death. His case is before us on automatic appeal (Pen. Code, § 1239, subd. (b)). 1

Defendant contends that (1) certain extrajudicial statements made by him which were recorded on a concealed electronic device and photographs of his deceased wife were erroneously and prejudicially received at trial; (2) he was deprived of his constitutional right to present a defense; and (3) the exclusion of certain jurors for their unwillingness to impose the death penalty resulted in a “guilt prone” jury and the denial of a fair trial. 2 We have determined that these contentions lack merit and therefore have concluded that the judgment as hereinafter modified must be affirmed.

On the evening of August 22, 1969, William Mulhearn was driving on Lopez Canyon Road in the County of Los…

On October 1, 1969, defendant Sean J. Murphy was charged jointly with Warren O. Saling by indictment with conspiracy to commit first degree murder (Pen. Code, § 182) and the first degree murder of defendant's wife, Catherine Murphy (Pen. Code, §§ 187, 189). Defendant pleaded not guilty. His motion for severance was granted and after trial a jury found him guilty as charged and fixed the penalty at death. His case is before us on automatic appeal (Pen. Code, § 1239, subd. (b)). [1]

(1)(See fn. 2.) Defendant contends that (1) certain extrajudicial statements made by him which were recorded on a concealed electronic device and photographs of his deceased wife were erroneously and prejudicially received at trial; (2) he was deprived of his constitutional right to present a defense; and (3) the exclusion of certain jurors for their unwillingness to impose the death penalty resulted in a "guilt prone" jury and the denial of a fair trial. [2] We have determined that these contentions lack merit and therefore have concluded that the judgment as hereinafter modified must be affirmed.

On the evening of August 22, 1969, William Mulhearn was driving on Lopez Canyon…