Farris

Defendant and appellant, J. D. Farris, was charged by information with murder (count I, Pen. Code, § 187), assault with a deadly weapon (count II, Pen. Code, § 245, subd. (a)), robbery (count III, Pen. Code, § 211), and the use of a firearm in the commission of these offenses (Pen. Code, § 12022.5). Following a trial by jury, appellant was found guilty of second degree murder and of the use of a firearm in connection therewith, and not guilty as to the other offenses charged. Upon the entry of a judgment of conviction, the instant appeal was filed.

Facts

On August 13, 1974, in the early morning hours about 2:30 a.m., Mrs. Irma Wesson was walking westward down the sidewalk along Florence Avenue near a Goodyear tire and rubber plant in Los Angeles when a white van pulled up just ahead of her. A man emerged from the driver’s side of the van and walked toward Mrs. Wesson. A struggle ensued as the man attempted to force Mrs. Wesson toward the van. The man struck Mrs. Wesson and the revolver in his hand discharged, mortally wounding her. Mrs. Wesson slumped to the sidewalk as the man reentered the van. The van disappeared around the corner, but a few minutes later returned to…