People v. Schader

The jury convicted defendant of first degree robbery and of the first degree murder of Police Officer Eugene McKnight in Sacramento on July 23, 1963, and fixed the penalty at death. His appeal is automatic. (Pen. Code, §1239, subd. (b).) Defendant presents manifold contentions relating to his guilt trial, but we do not find prejudicial error in the conduct of the guilt trial. We must reverse the judgment as to penalty, however, because the trial court excluded veniremen from the jury panel in violation of the principles *768set forth in Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 776,…