Gray

This is an appeal from a judgment of conviction of murder in the second degree.

In an information filed in Los Angeles on January 20, 1967, defendant with Edward Arnold Normant as a eodefendant was charged in count I with the attempted robbery of Joe Virgil Long and Nancy Long on December 21, 1966, and in count II with murdering Joe Virgil Long on December 21, 1966. Both defendants were represented by the public defender, a jury trial was waived by each of the parties, and the right to a separate trial also was waived by each of the parties and counsel. Both defendants were found guilty of murder in the second degree. The attempted robbery charge was dismissed. Probation was denied and defendant was sentenced to the state prison. A timely notice of appeal from the judgment was filed.

■ A résumé of some of the facts is as follows: Joe Long and his wife Nancy were waiting for a bus at a bus stop at the corner of Venice Boulevard and Hill Street in Los Angeles at about 11:30 p.m. on the night of December 21, 1966. Defendant, Arnold Normant and John Spain walked behind. the bench where the Longs were seated and one of the three walking persons above named asked some directions of…