Gioviannini

—Having been found guilty by a jury, defendant appeals from a judgment of conviction of murder in the first degree (Pen. Code, §187) with a penalty of life imprisonment.

On Sunday, July 19, 1964, Virginia Mae Cothern was working as a barmaid at the Sidewinder Bar in El Monte. When Fred Baker, the owner of the Sidewinder, left at 7:30 p.m., several customers were drinking at the bar. He told Miss Cothern to close at about 10, the normal Sunday closing time. At approximately 9 p.m., Richard Lopeman and five others arrived at the Sidewinder.

Appellant and Miss Cothern were the only ones present when Lopeman and his group arrived. The newcomers went to the back dining area and began to sing and drink beer. A while later Miss Cothern brought appellant over and introduced him to Lopeman and his cronies. Appellant joined in the singing and conversation. Since no other customers were at the bar, Miss Cothern spent most of her time with the singers. On one occasion she sat on appellant’s lap and appellant put his arm around her waist. Appellant seemed to have had less to drink than the others. At 10 o’clock, Miss Cothern announced that it was closing time. Lopeman and his friends…