Long

Defendant was accused of murder. He admitted allegations of the information that he had been convicted previously of two felonies (assault with deadly weapon and robbery). In a jury trial he was found guilty as charged. He was sentenced to imprisonment for life. His notice of appeal will be regarded as an appeal from the judgment.

Appellant contends that the court erred in receiving evidence of his alleged confession, and erred in failing to give, upon its own motion, an instruction regarding the law as to diminished capacity.

On December 28, 1966, Harry Munroe was murdered at the house of Elaine Robertson, his common law wife, at 2076 East 114th Street in Los Angeles. His death was caused by a shotgun wound in the brain.

Elaine Robertson testified in substance as follows: On December 28, 1966, about 6 p.m., Harry was watching television at the house, and she was “upstairs.” She heard a knock on the front door, and heard Harry say, “Hey, man.” A male voice replied, “Hey,” and then she heard a shotgun blast. She ran downstairs and saw Harry lying on the floor about % foot from the front door. A hole was in his head, and he appeared to be dead. The front door was open and she…