Browning

Defendant Frederick Allen Browning appeals from a judgment sentencing him to prison after he was convicted after a court trial of first degree murder, first degree robbery, first degree burglary (counts I, II, III), felony joy-riding (count V) and second degree burglary (count VI).

Facts

The contentions on appeal relate solely to defendant’s status as a juvenile—he was 17 years old when the crimes were committed—and to evidentiary questions concerning counts I, II, and III (murder, robbery, burglary).

I

Juvenile Court

In March 1973, a petition was filed in juvenile court charging defendant and one James Freeman with armed robbery and murder in the course of the robbery. These charges formed the basis for counts I, II and III. After defendant and Freeman were ordered detained, a hearing was held to determine defendant’s fitness to be treated as a juvenile. The juvenile court commissioner was aware of the petitions alleging the offenses that turned out to be counts V and VI.

The probation officer’s report revealed a history of about 25 previous contacts with law enforcement authorities, resulting in various dispositions. Defendant was on juvenile probation, and had…