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In a trial without a jury Edgar Adam Tagle was convicted of the murder of Paul Chavez, the crime being determined to be of the first degree; he was sentenced to life imprisonment and appeals from the judgment. He was tried jointly with Jerry Nila, who was convicted of aiding Tagle to escape, in violation of section 32 of the Penal Code, was granted probation and has not appealed.

In his opening brief appellant contended that if the evidence was sufficient to support a conviction it proved that the crime was murder of the second degree or manslaughter, rather than murder of the first degree.

The appeal was briefed before the decision of People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], After that decision came down we vacated the submission and called for briefs as to the applicability of the rules therein announced; supplemental briefs have been filed. We discuss first the contention made in those briefs.

There was evidence that appellant and Nila spent the evening of August 17, 1962, driving around in a car operated by Nila. During the course of the evening they made several stops and drank several glasses of beer. They stopped at a bar and a Negro woman…