People v. Miller

A jury found defendant. guilty of first degree murder and fixed the penalty at death. This appeal is automatic (Pen. Code, § 1239, subd. (b)).

Facts; About 9:30 Saturday morning, August 12, 1967, defendant, 40 years of age, called at the home of Mrs. Betty Abron. He was drinking a can of ‘ ‘ Colt' 45 ’ ’ stout malt and carried a paper sack containing two additional unopened cans of “Colt 45." stout malt. About 30 minutes after his arrival, he told Mrs. Abron that he would go to the grocery store to *464 get some soda pop for her five children. Jéannine Abron, aged 8, received her mother’s consent to accompany defendant to the store. In response to Mrs. Abron’s inquiry, defendant said he would bring Jeannine right back. Jeannine collected some empty pop bottles, climbed into the front passenger seat of defendant’s 1954 Ford station wagon, and rode away with him about 10 a.m. This was the last time Mrs. Abron saw Jeannine alive. She was wearing a red- turtleneck sweater, white underpants without rips or holes, and blue bermuda shorts, slightly split along the outside seams at the hemline. Her nude, partially decomposed body was found about 7 a.in. the following Wednesday, face down…