Aeschlimann

By information, defendants Steve Aeschlimann and Marie Junge were charged in count I and count II, respectively, with the murder of their 11-month-old child, Todd Aeschlimann (Pen. Code, § 187), and Marie Junge was charged in count III with inflicting traumatic injury upon the infant (Pen. Code, § 273d). Defendants pleaded not guilty; the jury found defendants guilty as charged and the murder to be in the first degree as to each defendant. The court denied defendants’ motion for new trial, and simultaneously reduced the degree of the murder offenses to second degree. Probation was denied, and defendants were sentenced to! the terms prescribed by law on counts I and II; the court withheld imposition of sentence on count III. Defendants appeal from the judgments.

At trial, the People introduced evidence that defendants inflicted traumatic injuries upon their infant son (hereinafter, Todd), and that those injuries resulted in Todd’s death.

Kathleen Jacoby, defendants’ neighbor, testified at trial that “around the end of” February 1970, defendants were at her apartment with Todd and Todd was “fussing from being in a strange place.” Aeschlimann told Junge to hold Todd’s…