Hernandez

Facts

On August 3, 1975, Susan B., the victim herein, accompanied her boyfriend, Robert Souza, from Ceres in Stanislaus County, to Fresno. They had made a prior arrangement to meet two mutual friends, Richard and Sharron Kelly, husband and wife, at a motel. All four of them had come to Fresno with the intention of obtaining and using heroin.

Susan and her boyfriend arrived in Fresno at about 3:30 p.m. The Kellys arrived at about 4:15 p.m. They immediately went to the room which had been previously rented by Susan and her boyfriend.

Souza procured several balloons of heroin with funds furnished by himself and Richard Kelly. Susan and Souza were the first to inject the heroin. Later, the Kellys did likewise. The injections did not give them the euphoric feeling which they expected would follow the injection of heroin.

At approximately 8:30 p.m., Souza and Kelly got into a heated argument. Kelly accused Souza of “ripping him off’ by buying a substitute rather than real heroin. He also accused Souza of stealing $20 of his money which was missing from the motel room. Kelly later ordered Souza to leave the room.

Souza left and remained outside the room for approximately a…