McQuiston

Defendant appeals from conviction, after jury verdict, of two counts of first degree murder, penalty fixed at life imprisonment, and one count of second degree murder.

Questions Presented

1. The evidence does not show diminished responsibility as a matter of law.

2. No prejudice in court’s failure to instruct concerning defendant’s statements to the psychiatrists.

3. No inconsistency between jury finding defendant guilty of first degree murder in the killing of his children and second degree in the killing of his wife.

Record

Defendant was indicted on three counts of murder. He was represented by the public defender. The jury returned verdicts finding defendant guilty of murder of the second degree as to count one (murder of Kay Sadako McQuiston, his wife), and of murder of the first degree as to counts two and three (murder of Anna and Lillian McQuiston, his daughters). After a hearing, at which the prosecution waived an opening statement and presented no evidence, the jury set the penalty as tO' counts two and three at life imprisonment. Defendant’s motion for a new trial was denied, and defendant was sentenced to life imprisonment upon counts two and three and to…