Schader

I dissent from the reversal of the judgment of convictions of the defendants for first degree murder and robbery.

The majority bases its reversal upon the admission into evidence of certain admissions and confessions obtained from the defendants without their having been advised of their constitutional rights to counsel and to remain silent, based upon this court's decision in People v. Dorado, ante, p. 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ]. As noted in my dissent in Dorado, concurred in by Mr. Justice Schauer, assuming that there was error in the admission of the confession the mandate of section 4% of article VI of the California Constitution requires this court to review “the entire cause, including the evidence” to determine whether “the error complained of has resulted in a miscarriage of justice” and whether there is a reasonable probability that a result more favorable to the defendant would have been reached had the error not been committed. (People v. Watson (1956) 46 Cal.2d 818, 836 [ 299 P.2d 243 ].)

A review of the evidence indicates that there were independent eyewitnesses to both the robbery and the shooting of the policeman and positive identification of the…

Defendants Schader and Turner appeal from a judgment on a jury verdict finding them guilty of the crime of murder in the first degree as charged in Count I of an indictment returned by the Grand Jury of Sacramento County on August 6, 1963, and of the crime of robbery in the first degree as charged in Count II of the indictment. Schader’s penalty for the crime of murder was fixed by the jury at death, and Turner’s at life imprisonment. Defendants’ motion for a new trial was denied. Schader’s automatic appeal is before us pursuant to section 1239, subdivision (b) of the Penal Code, and Turner appeals from the judgment.

Officer Eugene McKnight of the Sacramento Police Department was killed during the course of the robbery of a grocery store on July 23, 1963, under the following circumstances:

A checker in the store testified that at about 6:45 p.m. on that date Turner pushed a shopping cart into the service area of her checkstand. Turner, exposing a gun, told her to leave the items alone and “fill the bag.” At Turner’s direction she took money from several cash registers and placed it in *720 the bag, the total amount being $1,370.51. Turner then took the bag and proceeded out the…