Bennett

Appellant was indicted on September 3, 1974, for the murder of his wife, Maiy Jo, on or about October 18, 1972. He was arraigned and pleaded not guilty. Jury trial commenced November 10, 1974, and on December 12, 1974, the juiy found appellant guilty of murder in the first degree. He was denied probation and sentenced to the term prescribed by law.

Because we have concluded that appellant’s conviction must be reversed due to the prosecution’s failure to prove that appellant knowingly and intelligently waived his Miranda rights before he was interviewed by Dr. Lunde, we need only briefly summarize the facts.

Appellant and Mary Jo were married in 1968. In March 1970, they moved to McKinleyville, California, so that appellant could attend Humboldt State College. In October 1970, their daughter, Rachel, was bom. Thereafter, marital troubles began, and appellant and Maiy Jo constantly argued about Rachel. Appellant said he would give Maiy Jo a divorce if he received custody of Rachel.

In July 1972, Mary Jo, with Rachel, left appellant. They lived several weeks with her parents in Alameda. In October 1972, they moved to Merced to live with Maiy Jo’s brother, Lariy, and his…