Pinn

Appellant was found guilty of second degree murder after a nonjury trial and was sentenced to state prison for the term prescribed by law. Pursuant to a stipulation to which appellant gave his personal approval after he had been fully advised of his constitutional rights by his counsel and by the court, a jury trial was waived and it was agreed that the court might read and consider the testimony of eight named witnesses who had testified at appellant’s preliminary hearing, both sides reserving the right to introduce additional evidence and to recall for further examination or cross-examination any of said witnesses who had testified at the preliminary hearing.

In the course of the trial the prosecution called nine other witnesses. The defense called only one witness, a police officer who had testified previously and this for the limited purpose of laying the foundation for the playing of a tape recording of a conversation between two police officers and one of the witnesses who had been called by the prosecution. The defense rested after introducing written statements which had been given to the police by appellant and by four of the witnesses. Appellant did not…