Manson

Facts

Appellants Charles Manson, Patricia Krenwinkel, and Susan Atkins 1 were indicted by a grand jury on seven counts of murder and one count of' conspiracy to commit murder. Appellant Leslie Van Houten was indicted in two of the same seven counts of murder and in the conspiracy count.

A jury found all appellants guilty as charged and further found the murders to be of the first degree. After the penalty phase the same jury *124 imposed death sentences upon all appellants. The resulting judgment was appealed directly to the Supreme Court (Pen. Code, § 1239, subd. (b)). While this case was pending that court decided People v. Anderson (1972) 6 Cal.3d 628 [ 100 Cal.Rptr. 152 , 493 P.2d 880 ], cert. den., 406 U.S. 958 [ 32 L.Ed.2d 344 , 92 S.Ct. 2060 ], invalidating the death penalty. On that basis, these appeals were transferred to this court for determination.

The Homicides

The events giving rise to the charges contained in the indictment are two successive multiple homicides occurring in the City of Los Angeles during August of 1969. 2 We here recite the nature of the homicides. Additional facts are discussed in the segments of this opinion to which they have primary…

I concur in the judgment which affirms the convictions of defendants Manson, Atkins, and Krenwinkel on the seven charges of murder and on the charge of conspiracy to commit murder; and as to modification of penalty, concur by reason of mandate of Supreme Court in People v. Anderson (1972) 6 Cal.3d 628, 657 [ 100 Cal.Rptr. 152 , 493 P.2d 880 ]. The convictions of all the defendants, including Van Houten, should be affirmed.

I dissent as to the reversal of the conviction of defendant Van Houten on the charges of murdering Mr. and Mrs. Leño La Bianca, and on the charge of conspiracy to commit murder. The verdicts of the jury finding Van Houten guilty on all those counts were supported by ample evidence. She was convicted áfter a long trial—about seven months of trial, with the jury sequestered. She did not testify.

The two other justices have reversed the conviction of Van Houten for an alleged reason that the attorney who was appointed to represent her (after her attorney disappeared and after all the evidence had been presented) could not argue the credibility of witnesses effectively because he (not being present) had not observed the demeanor or manner of the witnesses while…

Appellants Charles Manson, Patricia Krenwinkel, and Susan Atkins [1] were indicted by a grand jury on seven counts of murder and one count of conspiracy to commit murder. Appellant Leslie Van Houten was indicted in two of the same seven counts of murder and in the conspiracy count.

A jury found all appellants guilty as charged and further found the murders to be of the first degree. After the penalty phase the same jury imposed death sentences upon all appellants. The resulting judgment was appealed directly to the Supreme Court (Pen. Code, § 1239, subd. (b)). While this case was pending that court decided People v. Anderson (1972) 6 Cal.3d 628 [ 100 Cal. Rptr. 152 , 493 P.2d 880 ], cert. den., 406 U.S. 958 [ 32 L.Ed.2d 344 , 92 S.Ct. 2060 ], invalidating the death penalty. On that basis, these appeals were transferred to this court for determination.

The events giving rise to the charges contained in the indictment are two successive multiple homicides occurring in the City of Los Angeles during August of 1969. [2] We here recite the nature of the homicides. Additional facts are discussed in the segments of this opinion to which they have primary…