Brunt

In an amended information defendants were charged with murder, in violation of section 187 Penal Code. A prior conviction of a felony was alleged against and admitted by each defendant.

The jury found each defendant guilty of murder in the first degree. Motions for new trial and probation were denied and defendants were sen tenced to the state prison for the term prescribed by law. Defendants appeal from the judgments of conviction.

On the night of February 4, 1970, the defendants and the victim, Charles Shrader, were having a party at the home of Grace Bojorquez. They had been drinking and taking drugs such as “reds,” “whites,” LSD and mescaline. The following morning, the victim agreed to drive the defendants to San Pedro. As they left the residence and started toward the victim’s automobile they became engaged in an argument and a fight ensued.

John Lindwall was working at his place of business adjacent to the vacant lot where the fight occurred. He was repairing a truck when he observed the victim and defendants in an argument. They then began to fight. Both defendants were striking their victim, who held his hands up before him in an effort to protect himself. The…