Roberts

Defendant appeals following conviction by jury of second degree murder. (Pen. Code, § 187.) The jury also found that in the commission of the offense, defendant used a firearm, a .22 caliber revolver. (Pen. Code, § 12022.5.) Prior to trial defendant entered a plea of guilty to a related charge of being a convicted felon in possession of a concealable firearm. (Pen. Code, § 12021.) Defendant was sentenced to state prison for each offense but execution of sentence was stayed on the conviction for violation of Penal Code section 12021.

Defendant’s appeal challenges only the murder conviction. Our review of the record persuades us that defendant’s assignments of error must be rejected and the conviction affirmed.

Facts

On December 2, 1973, defendant was employed as a guard at the Laura Scudder processing plant at Tracy, California. At approximately 1 a.m., Joseph Machado, age 16, came to the guard shack at the plant to see defendant. Defendant was there with the victim, Allen McClelland, whom he introduced to Machado as his “buddy.”

A few minutes later defendant, accompanied by his two companions, went on a routine inspection of the buildings. McClelland had a bottle of…