Powell

Defendant Roger Powell, together with Daniel Alfred Lord and Larry Michael McMillen, was charged with murder in violation of section 187 of the Penal Code. All three defendants pled not guilty and defendant Powell also pled not guilty by reason of insanity. Powell’s motion for a severance was denied. After a jury trial, Powell was found guilty of murder in the first degree and sane; the two codefendants were found not guilty. Defendant was sentenced to state prison for the term prescribed by law. He has appealed; for the reasons set forth below, we reverse.

Because of the nature of the issues before us, we state the evidence in summary form. It indicates: that defendant had been engaged in a large scale narcotic transaction with the victim and his associates; that defendant had become dissatisfied with the deal and had gone to the victim’s apartment with a gun, with the intent either to recoup money theretofore paid or to get a large quantity of narcotics; and that a struggle ensued in which the victim was shot and killed.

There was substantial testimony that defendant was heavily addicted to narcotics; that he was under the influence of narcotics at the time of the…