People v. Cotter

This is an automatic appeal in a death penalty case. (Pen Code, § 1239, subd. (b).) Defendant pleaded not guilty to a murder charge, and not guilty by reason of insanity. The jury returned verdicts finding him guilty of first degree murder and sane, and fixing the penalty at death.

Ben Buus, who was 69 years of age, lived with his wife Elizabeth in part of a rented house at 9630 Oak Street in Bellflower. Defendant Cotter lived in another part of the house, which was separated from the Buus quarters by a partition. He paid $43 a month in rent, of which $8.00 went to Buus because defendant’s…