Bolton

This is an appeal from a judgment of conviction of murder in the first degree and of assault with a deadly weapon with intent to commit murder.

In an information filed in Los Angeles County on December 2,1965, Jethro Bolton was charged in count I with murdering Micha Thompson on November 8, 1965, with malice aforethought. In count II he was charged with committing an assault with a deadly weapon upon Cozetta Johnson on November 8, 1965, with malice aforethought and with intent to murder Cozetta Johnson. It was further charged that defendant on August 26, 1953, had been convicted of forgery in the County of Los Angeles and further that he had been convicted of burglary on or about January 22, 1957, and had served a term in prison therefor. Bolton pleaded not guilty; he admitted to the charged prior felonies. In a jury trial defendant was found guilty of murder in the first degree as charged in count I and of assault with a deadly weapon with intent to commit murder as charged in count II. Pursuant to stipulation by all concerned the matter of the penalty in the murder count was heard by the court without a jury. Defendant was sentenced to the state prison, the terms to run…