Meyes

Bennie Will Meyes and William Douglas were charged by indictment with the murder of Gene T. Nash, a sergeant of the Los Angeles Police Department. Defendant Meyes was also charged with three prior felony convictions in Los Angeles County: burglary in January 1948, robbery in November 1950 and robbery in January 1951. Meyes admitted the three priors charged. A first jury trial resulted in a mistrial, the jury having been unable to agree upon a verdict.

In the second trial the jury found Meyes guilty of the crime of murder as charged and fixed the degree as murder of the second degree. Defendant Douglas was found not guilty. The three prior convictions charged against Meyes were found to be true, probation was denied and Meyes was sentenced to state prison for the term prescribed by law. A hearing was held to determine whether or not Meyes was an habitual criminal under section 644, subdivision (a) of the Penal Code. He was found to be an habitual criminal. Meyes was sentenced to state prison for the term prescribed by law, which sentence was ordered to run consecutively to the sentence he was then serving.

*486 This appeal is from the murder conviction and from the order…