Woodberry

This case was before us on an earlier appeal (People v. Woodberry (1968) 265 Cal.App.2d 351 [ 71 Cal.Rptr. 165 ]) when appellant’s conviction of first degree murder was reversed on the basis of Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]. A second trial, beginning December 18, 1968, concluded on January 14, 1969, with a jury’s verdict again finding appellant guilty of first degree murder. (Pen. Code, §§ 187-189.) He was sentenced to life imprisonment and pursues the present appeal from the judgment.

Appellant, with his codefendants Kenney and Magee, was charged with murdering William Sommerville on July 2, 1965. Appellant pled “not guilty.” Three prior felonies were charged against appellant, who admitted two of them and the third was stricken on court order. At the first trial, Magee was granted immunity from further prosecution and the case against him ordered dismissed (Pen. Code, § 1324) provided that he comply with the court’s order to testify at that trial. He did testify and was exempted from further prosecution. Kenney did not take the stand at the first trial. He was found “not guilty.”

On this appeal the evidence…