People v. Bradford

Defendant James Bradford, Jr., appeals from a judgment entered upon a jury verdict convicting him of first degree murder (Pen. Code, § 187). In the penalty proceeding the same jury fixed the punishment at death. This appeal is automatic (Pen. Code, § 1239, subd. (b)). We affirm the judgment as to guilt but, under compulsion of Witherspoon v. Illinois (1968) 391 U.S. 510 [ 20 L.Ed.2d 776 , 88 S.Ct. 1770 ], we reverse as to penalty.

On November 11, 1966, in a remote area of the San Gabriel Mountains north of Glendora, two hunters happened upon the semi-nude body of a woman, subsequently identified as Betty Louise Peace. The hunters promptly notified the Los Angeles Sheriff’s office, and after photographs of the body and sur *337 rounding scene were taken, the body was removed to the county coroner’s office.

The next day Dr. Woodard, a staff member of the coroner’s office, performed a postmortem examination of the dead woman. As of November 12, the date of the autopsy, he was of the opinion the woman had been dead at least three days and could have been dead as long as ten days. There were too many variables, he related, to determine with greater precision the date of death. His…