Burnett
People v. Burnett
Opinion
Opinion
Woods, J.
A jury convicted Charles Burnett and Herbert Shedd (appellants) of first degree murder (Pen. Code, § 187) and the trial court sentenced each of them to a 25-years-to-life state prison term. They contend the judgment must be reversed because the trial court: (1) made disparaging comments about defense counsel, (2) prematurely determined prosecution witnesses were not accomplices, (3) failed to admonish a misbehaving juror, (4) unduly restricted defense cross-examination, (5) failed to instruct on voluntary manslaughter, (6) failed to give an identity instruction (CALJIC No. 2.91), and (7) gave an erroneous torture instruction (CALJIC No. 8.26). We find no error and affirm the judgment.
Procedural and Factual Background
On August 7, 1989, the District Attorney of Los Angeles County filed an information alleging Charles Burnett and Herbert Shedd murdered Kellie Beasley on November 16, 1988. Appellants pleaded not guilty. A jury trial began March 7, 1990. On June 14, 1990, the jury being hopelessly deadlocked, a mistrial was declared.
On November 13,1990, a second jury trial began. On December 28,1990, the jury found each appellant guilty of first degree murder. Each was…