Hitchings

Keith S. Hitchings appeals his convictions on two counts of second degree murder for the killing of James and Rebecca Jensen. He primarily challenges two evidentiary rulings by the trial court, but also raises issues involving double jeopardy concerns and the adequacy of the trial court’s jury instruction on the definition of “reasonable doubt.” We conclude that appellant’s contentions all lack merit, and therefore affirm the trial court’s judgment.

Procedural Background

On August 4, 1982, the District Attorney for Humboldt County filed an information charging appellant in count 1 with the murder of James Jensen and in count 2 with the murder of Rebecca Jensen (Pen. Code, § 187). With respect to both counts, the district attorney alleged the special circumstances that appellant had committed another murder (§ 190.2, subd. (a)(3)) and that appellant had committed the murder during the commission of a rape (former § 190.2, subd. (a)(17)(iii); § 261). On March 18, 1983, a jury found appellant guilty of second degree murder as to count 1 and first degree murder as to count 2. The jury found to be true the multiple-murder special-circumstance allegation, but found not true…