Earl

Appellant appeals from his conviction of first degree murder for which he was sentenced to death and from the convictions of two counts of burglary in the first degree and attempted kidnaping. The automatic appeal to the Supreme Court was transferred to the Court of Appeal by virtue of the decision of People v. Anderson, 6 Cal.3d 628 [ 100 Cal.Rptr. 152 , 493 P.2d 880 ], holding the death penalty to be unconstitutional.

The killing occurred when appellant was stopped by a private security guard for suspicion of shoplifting. The first degree murder conviction stemmed from the felony-murder rule of Penal Code section 189. Appellant attacks the conviction of burglary on the ground that there was no substantial evidence that he had formed the intent, or was capable of forming the intent, to steal when he entered the store. He also challenges the use of the felony-murder rule when the burglary upon which it is based is one not inherently dangerous to human life. In addition, he contends that the evidence was insufficient to convict him of the second count of burglary; that the court abused its discretion in allowing him to stand trial in leg irons; that the court did not hold…