Coyne

In a trifurcated trial a jury found defendant guilty of murder in the first degree (Pen. Code, §§ 187, 189) and sane, and fixed the penalty as life imprisonment. This is defendant’s appeal from the judgment. It is necessary to reverse the judgment because defendant’s extrajudicial statements were obtained in violation of the rules announced in People v. Dorado (1965) 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ]; People v. Anderson (1965) 63 Cal.2d 351 [ 46 *447 Cal.Rptr. 763 , 406 P.2d 43 ] and People v. Luker (1965) 63 Cal.2d 464 [ 47 Cal.Rptr. 209 , 407 P.2d 9 ].

Facts

In the latter months of 1964 defendant and the victim, Agnes Theresa Wallace, lived together in an apartment in Long Beach. Defendant was married to another woman from whom he had been separated for 17 years. On December 24, 1964, defendant and Mrs. Wallace and a mutual friend, Albert Gill, spent most of the afternoon and evening drinking Scotch whiskey. According to Gill, at about 7 p.m. defendant was “loaded,” but by midnight he had sobered up pretty well. Then they attended a midnight mass. Afterward, Gill drove defendant and Mrs. Wallace to their apartment and left them. Except for defendant, Gill was…