Wilson

Defendant, Rufus Wilson, was charged by information with two counts of murder (Pen. Code, § 187) and two counts of assault with a deadly weapon with intent to commit murder (Pen. Code, § 217).

On April 13, 1965, after a jury trial, defendant was found guilty as charged in the two murder counts and one assault count, and guilty of assault with a deadly weapon, a lesser offense included within the remaining assault charge.

On April 16, 1965, the jury fixed the penalty for the commission of the murders as death. Motions for a new trial and reduction of penalty were denied. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Defendant has no prior criminal record, is 43 years of age, and for the past 19 years has worked as a forklift operator in Los Angeles. He was married to Ann Wilson for nine years. She left him, and on January 8, 1964, filed for divorce. After their separation defendant attempted to effect a reconciliation, and occasionally they met or talked on the telephone.

A summary of the prosecution’s testimony is as follows: On the evening of October 14, 1964, at about 10:30 p.m., Lewis B. Champion, Joe L. Stoglin, and William Washington accompanied defendant’s…

I dissent. I would affirm the judgment of the trial court in its entirety.