People v. Johnson

On February 10, 1972, Lorise Johnson shot and killed his accomplice, Vanderbilt Austin, dui'ing an attempted robbery of an insurance company office in San Diego. Indicted for Austin’s murder, and convicted by the court of murder in the first degre, Johnson appeals, contending: (1) The felony-murder rule was inapplicable because: (a) his diminished capacity, brought about through, drug ingestion, negated any specific intent to rob; (b) the killing was accidental, without malice, and separate and distinct from the robbery transaction. (2) His waiver of a jury trial was ineffective because it was a result of an agreement with the prosecutor, motivated solely by his desire to avoid the death penalty. We find no error and affirm the judgment.

About noon on February 10, 1971, Johnson and Austin entered the office of the Golden State Mutual Life Insurance Company on Ocean View Boulevard and asked the cashier, Brenda Stevens, for some local street directions. A few minutes later they returned to rob the office which was then occupied by three employees. Johnson pointed a gun at the manager, Lome Oliver, and said, “It’s a stick-up. We want the money.” Austin took Lloyd Mumford’s…