Humphries

Joseph Conrad Humphries appeals from the judgment of conviction imposed after his second trial for murder with a special circumstance. We will affirm the judgment.

Procedural Summary

Theresa Berry was murdered on November 3, 1977. In an information filed the following June, defendant was charged with conspiracy to murder and to rape (Pen. Code, §§ 182/187, 261, subds. (2), (3)), forcible rape, and murder. Three special circumstances were charged with the murder: felony-murder, based on kidnapping and rape, and murder for pecuniary gain. The conspiracy count alleged an unlawful combination to murder in which defendant conspired with Loran Berry and Rene Espinosa. The kidnapping charges (as a substantive crime and as the felony for the felony-murder special circumstance), were dismissed.

The gist of the People’s case was that Loran Berry had hired defendant to murder his wife, Theresa Berry, in order to collect insurance under a policy on her life. The insurance proceeds were to be evenly split between Berry and the defendant. Defendant hired Espinosa to help him carry out the murder.

After a four-and-a-half month trial, a mistrial was declared when the jury was unable…