Engert

Defendant Allen Leroy Engert appeals from the judgment after conviction by court trial. The court found defendant guilty of one count of first degree murder, in violation of Penal Code section 187, and of one count of grand theft, in violation of Penal Code section 487. A prison term of 25 years to life for the murder conviction plus a consecutive term of 3 years for the grand theft conviction were imposed.

On appeal, Engert contends (1) the trial court erroneously denied his motion to suppress evidence seized under a search warrant issued on an affidavit which he claims contained intentional misstatements and omitted material facts, (2) the trial court erred in failing to suppress his statements to the police, and all fruits thereof, and (3) there was insufficient evidence of premeditation and deliberation to sustain a verdict of first degree murder.

Facts

Adria Sue Manning was killed in her apartment in San Jose during the early hours of May 16, 1979. The cause of death was strangulation by ligature. Marks on her neck indicated that either she or the ligature had moved during the strangulation. Abrasions on her lips indicated that she could have been gagged. Fresh…