People v. Stone

Appelant and Bobby Gaddis were accused in count I of armed robbery (Pen. Code, § 211), and in count II of the murder of one John Lary (Pen. Code, § 187). They pleaded not guilty. (Appellant also put in a plea of not guilty by reason of insanity but withdrew it before trial.) Because of a conflict of interest, appellant was represented at the trial by separate counsel appointed under Penal Code, section 987a.

After a 10-day trial the jury returned verdicts finding that: appellant and defendant Gaddis were guilty of first degree robbery as charged in count I; that appellant, and not Gad-dis, was armed at the time of the robbery; and that appellant was guilty of murder of the first degree as charged in count II. On the latter count defendant Gaddis was acquitted. Following the trial of penalty the jury, unable to agree, was discharged and with the consent of both parties the court sentenced appellant to imprisonment for the term prescribed by law. Appellant appealed from the judgment, and his request for the appointment of counsel was granted by this court.

Appellant does not challenge the sufficiency of the evi dence, but contends that the trial court committed various errors in…