Arguello

Defendant was found guilty by a jury of first degree murder, and the penalty was fixed at death. On appeal, the judgment was reversed insofar as it related to penalty but affirmed in all other respects. (People v. Arguello, 61 Cal.2d 210 [ 37 Cal.Rptr. 601 , 390 P.2d 377 ].) At the second penalty trial the death sentence was again imposed. On appeal we recalled the remittitur in People v. Arguello, supra, 61 Cal.2d 210 , vacated our judgment, and reversed the judgment appealed from in its entirety. (People v. Arguello, 63 Cal.2d 566 [ 47 Cal.Rptr. 485 , 407 P.2d 661 ].) A jury again found defendant guilty of first degree murder and fixed the penalty at death. Motions for a new trial and for reduction of sentence were denied, and defendant’s third automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).)

Defendant contends that the evidence is insufficient to support the verdict, that evidence was erroneously admitted, that the prosecutor was guilty of misconduct, and that the court erred in its instructions to the jury. We have concluded that none of these contentions can be upheld and that the judgment should be affirmed.

Much of the evidence at the prior trials was…