Deriso

Defendant-appellant was charged with murdering (Pen. Code, § 187) Richard (Rick) Adams (count one) and James Benesh (count two) on July 6, 1962. He entered a plea of not guilty to both counts. A jury found him guilty of first degree murder on the first count and second degree murder on the second count, and fixed the penalty on the first count at life imprisonment. Defendant appeals from the judgment and verdict and from the order denying his motion for a new trial.

The murders were committed on July 6, 1962, at 6:30 a.m., in a pickup camper parked behind the Longbraneh Bar in Garden Grove, California. Bob Adams, the father of one victim, Rick Adams, heard noises coming from the camper, which was parked about 30 feet away from his cottage near the Longbraneh Bar. Mr. Adams hurriedly dressed and ran to the camper. Then he heard the voice of his son, Rick, appealing for mercy. Mr. Adams attempted to open the door of the camper but discovered that it was locked. With the help of another son, Tom, he forced the door open. They observed the other victim, James Benesh, lying face down on the floor of the camper covered with blood. There was a visible gash 6 inches long in his arm. The…