Thomas

People v. Thomas

Good Law
1967 Cal. LEXIS 379·56 Cal. Rptr. 305·65 Cal. 2d 698·423 P.2d 233
Supreme Court of CaliforniaFebruary 8, 1967Crim. No. 9638California3,601 words

Opinion

lead Opinion

Mosk, J.

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment entered pursuant to jury verdicts finding defendant guilty of arson and first degree murder, and fixing the penalty for the latter at death.

Defendant principally complains of the introduction in evidence of an incriminating statement he made to the police after warnings as to his constitutional rights which complied with People v. Dorado (1965) 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ]. He contends the admonitions were inadequate under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; but that decision does not govern the present case, which was tried prior to June 13, 1966. (People v. Rollins (1967) ante, p. 681 [ 56 Cal.Rptr. 293 , 423 P.2d 221 ].)

Defendant was charged by information with one count of murder and one count of arson. He entered pleas of not guilty, and the matter went to trial.

Fire department personnel testified that shortly after *701 11 p.m. on October 19, 1964, an explosion and fire occurred in a small bedroom in the rear of Mrs. Elizabeth Ector’s house, occupied by her three-year-old son Robert. When the first fire officer arrived…

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