Whitfield

In ease number 327,876 Astor Dallas Whitfield and Reynaud Felton Cage were charged with a violation of section 187 of the Penal Code (murder). Trial by jury was had and defendants were found guilty of murder in the second degree. Motions for new trial were denied; motions for reductions pursuant to Penal Code, section 1181, subdivision 6, were denied; probation was denied. Defendants were sentenced to state prison for the term prescribed by law. Each defendant has appealed.

On August 4,1965, in ease number 298,837, defendant Whitfield was sentenced to a year in the county jail for a violation of section 11530 of the Health and Safety Code. Sentence was suspended and probation granted for two years on condition that Whitfield spend the first 90 days in the county jail. On January 17, 1967, probation was revoked and Whitfield was ordered imprisoned in the state prison for the term prescribed by law, which sentence was ordered to run concurrently with the sentence in case number 327,876 (the Pen. Code, § 187, violation of which Whitfield was found guilty). Notice of appeal was filed.

On July 29, 1966, Elnora Stewart gave a surprise party for her brother, Montgomery Stewart. Ralph…