Anderson

Opinion (

Found guilty of second degree murder (Pen. Code, § 189) by a jury, appellant, Berttrand Anderson, appeals from the judgment entered pursuant tó the verdict.

Appellant and the victim, Sandra Heckman, had lived together for a period of about a year and a half. In April 1972, they were living together at 241 E, Washington, Apartment #2 in the City of Pasadena. The apartment was shared by Pamela Boynkin. On the evening of April 12, 1972, the three of them and Pamela’s friend, James Strutt (Jim) attended a party at which they became intoxicated. They returned to the apartment at approximately 2 a.m. Sandra appeared extremely upset, was crying and paced around in the nude. Appellant, Pamela and Jim had something to eat; and at about 3 a.m. Sandra went to bed. Within minutes thereafter Sandra came out of the bedroom, appeared sullen and upset and inquired if appellant had eaten and returned to the bedroom. Within a half hour to 45 minutes appellant followed Sandra into the bedroom. Jim and Pamela went to bed in the living room.

Shortly thereafter Pamela and Jim heard Sandra crying and a series of banging noises, approximately 10 to 15 in number, which sounded as if they were…