Ward

—This is an appeal from a judgment of conviction of murder.

In an information filed in Los Angeles on March 29, 1965, defendant was charged with murdering Susan Melody Payne on February 28, 1965. On April 1. 1965, defendant pleaded not guilty. On defendant’s motion he was examined pursuant to section 1871, Code of Civil Procedure, as to his mental status, alcoholic and nonalcoholic induced EEG, psychological and psychiatric testing by Doctor Miller. After many continuances granted at the request of defendant, on November 8, 1965, defendant withdrew his plea of not guilty to murder and pleaded guilty to murder. The defendant personally and all counsel stipulated to waive trial by jury as to the degree of the crime. Pursuant to the stipulation the judge was to consider among other things the testimony taken at the preliminary hearing, other testimony to be introduced by both sides, statement of defendant made to the arresting officers, report of Doctor Miller, testimony of Doctor Miller, and further the exhibits received in the preliminary hearing were to be received subject to the right to further objection. The court found that the statement of defendant to the arresting officer…