People v. Miller

Appellant was charged with murder committed on December 2, 1960. Following a jury trial he was convicted of first degree murder and the penalty was fixed at life imprisonment. An appeal from that judgment was considered by the California Supreme Court and the judgment was reversed (People v. Miller, 57 Cal.2d 821 [ 22 Cal.Rptr. 465 , 372 P.2d 297 ]). The reversal was basically because of error in the instructions to the jury.

The facts on the previous appeal and those presented on this appeal are substantially the same. The information alleges appellant suffered a prior felony conviction in the State of Michigan in 1954 for the crime of robbery. When arraigned at this trial, appellant admitted this prior felony conviction. A jury again returned a verdict of first degree murder. Penalty was again fixed at imprisonment in the state prison for life. The prior felony conviction was found to be true. Following denial of motion for new trial probation was denied and appellant was sentenced to the state prison for life. The appeal from this judgment followed.

Appellant filed a brief in propria persona and following *879 appointment of counsel for appellant an additional brief was…