Whalen

By information filed in the Superior Court of Tulare County, defendant, Daniel Lee Whalen, was charged with one count of murder in violation of Penal Code section 187, three counts of first degree robbery in violation of Penal Code section 211, and one count of assault with a deadly weapon on a police officer in violation of Penal Code section 245. Defendant entered pleas of not guilty to all charges and then moved for a change of venue; his motion was denied. After jury trial defendant was convicted of one count of robbery and one count of assault with a deadly weapon on a police officer; he was sentenced to state prison on each count, the terms to run concurrently. Defendant has appealed.

We recite the facts in the light most favorable to respondent.

On December 19, 1970, defendant and Steven Louis Strang went to the residence of Terry Gott in Artesia, California, to drive Gott and his family to the home of Gott’s parents in Tulare. Strang was carrying a gun. in his belt, and when Gott objected he put the gun in the trunk of his automobile. Then Strang, defendant and the Gotts headed toward Tulare in Strang’s blue Falcon. At about 5 o’clock in the afternoon the group…