Walker

Defendant Frederick Walker was charged with a violation of Penal Code section 187, murder. After a jury trial, he was convicted of murder in the second degree. Probation was denied, and he was sentenced to state prison. He appeals.

The prosecution resulted from events occurring near San Luis Obispo on the evening of November 10, 1971. Witness Lawrence Mossor testified that he and his companion, the victim of the crime, Mario Amaya, had traveled south on that day from Carmel by hitchhiking. They had met the defendant on the road earlier in the day, and saw him again in the afternoon near San Luis Obispo. The three men attempted to obtain a ride together to the south on Highway 101. Each man was carrying his possessions in a pack or bag.

About 4 p.m. the men decided they would not continue to try to obtain a ride. They hid their packs in some bushes near the Marsh Street exit off the highway. Mossor and Amaya walked to San Luis Obispo, a short distance away, to purchase wine, while the defendant stayed behind to guard their possessions. When they returned, the three men drank a half-gallon of wine and ate some food provided by Mossor. Another trip was made to town, and an…