Ford

Defendant appeals (by operation of Pen. Code, § 1239, subd. (b)) from judgments of death and imprisonment imposed pursuant to jury verdicts finding him guilty of first degree murder, first degree burglary, possession of a coneealable weapon by an ex-felon (Pen. Code, § 12021), first degree robbery, assault with a deadly weapon, and two counts of kidnaping.

Defendant advances a variety of contentions relating to the nonhomicide counts, but we have concluded that no prejudicial error occurred in connection with those convictions. 1 As to the murder count, however, the record substantiates defendant’s contentions that the court erred in giving improper instructions on intoxication and in failing to give of its own motion the required cautionary instruction as to defendant’s alleged oral admissions, and that on the evidence in this case such errors were prejudicial. Accordingly, we reverse the judgment on the murder count to prevent a miscarriage of justice (Cal.Const., art. VI, § 4½).

By information defendant was charged with the burglary of the home of John B. Roope on June 2, 1961 (Count I); in the remaining counts, all referring to events occurring on June 9, 1961 (one week…