People v. Welch

Opinion

BURKE, J.

A jury found Richard Welch guilty of first degree murder of Randall Jenkins and of assault with a deadly weapon with intent to commit murder upon Diane Bradford and fixed the penalty at death for the murder. No sentence was imposed for the assault. A motion for a new trial was denied, and defendant’s automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).)

Defendant contends that the court erred in denying his motion for a change of venue, in admitting a tape recording of certain conversations, in giving instructions regarding rape and the felony-murder rule, and in…