People v. Butler

Defendant was accused in count 1 of murder of Joseph H. Anderson, and in count 2 of assault with intent to murder William Russell Locklear. In a jury trial he was found guilty of murder of the first degree and guilty of assault with a deadly weapon, a lesser and included offense in count 2; and the jury fixed the penalty for the murder at death. On a prior appeal, the Supreme Court reversed the judgment of conviction of murder and affirmed the judgment in all other respects. (People v. Butler, 65 Cal.2d 569, 576 [ 55 Cal.Rptr. 511 , 421 P.2d 703 ].) On retrial, the jury found defendant guilty of murder of the first degree and fixed the *665 penalty at life imprisonment. Defendant’s notice of appeal will be regarded as an appeal from the judgment.

Appellant contends that the evidence does not support the verdict.

On May 17, 1965, about 10:30 p.m., Joseph H. Anderson, owner of a catering business, and William Russell Locklear, his assistant in that business, were at Mr. Anderson’s home watching television. The telephone rang and Mr. ■ Locklear answered it, at Anderson’s request, but “somebody hung up.” About an hour later, Locklear, who had taken a shower and was in the bathroom,…