Rodriguez

Defendant, a 17-year-old boy at the time of the killing, appeals from a judgment entered upon a jury verdict finding him guilty of murder in the second degree following a trial which commenced on April 25, 1966. The jury rejected defendant’s plea of not guilty by reason of insanity. The principal question presented by this appeal is whether an exculpatory statement made by the defendant shortly after the killing while in police custody and after he had been advised of his rights as required by People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], was inadmissible by reason of the fact that defendant was 17 years old. A second question is whether the court committed reversible error in admitting evidence of defendant’s participation in a purse-snatching incident which occurred 30 minutes before the killing.

At about 7 :30 p.m. on September 26, 1965, defendant was in an alley. He was staggering and whistling. He leaned against a building and picked up a tree limb approximately 4 feet in length and 3 to 4 inches in circumference. An old man who had just emptied some garbage was returning to his house. Defendant walked toward the old man dragging the club and turned…