Garcia

Antonio Gallegos Garcia was accused of the murder of John Francis Sellers. In a jury trial, in which defendant was represented by private counsel, he was convicted of murder in the second degree. Probation was denied and Garcia was sentenced to the State Prison. He appealed from the judgment, counsel who had represented defendant at the trial was appointed on the appeal, but upon his report to the court that he believed the appeal to be without merit he was relieved. We read the record and determined that the appeal was frivolous. Appellant was notified, given time to file a brief, and none has been filed.

The following evidence was received: Defendant Garcia had served about two months of a one year sentence for forgery at an honor-farm type detention camp in Los Angeles County. On Friday, March 10, 1961, he stole a six-shot .22 caliber Smith and Wesson revolver from a fire captain’s car.

Numerous witnesses testified on behalf of the People but there was no evidence of the circumstances of the killing of Mr. Sellers other than the confession of defendant and his testimony at the trial. After his arrest Garcia made a voluntary statement which was reported, transcribed and…