People v. Miller

A jury found defendant. guilty of first degree murder and fixed the penalty at death. This appeal is automatic (Pen. Code, § 1239, subd. (b)).

Facts; About 9:30 Saturday morning, August 12, 1967, defendant, 40 years of age, called at the home of Mrs. Betty Abron. He was drinking a can of ‘ ‘ Colt' 45 ’ ’ stout malt and carried a paper sack containing two additional unopened cans of “Colt 45." stout malt. About 30 minutes after his arrival, he told Mrs. Abron that he would go to the grocery store to *464get some soda pop for her five children. Jéannine Abron, aged 8, received her mother’s consent…