People v. Anderson

Defendant was charged with the murder of a 10-year-old girl, Victoria Hammond. The jury returned its verdict finding defendant guilty of first degree murder; it found defendant sane and fixed the penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

We set out our reasons for holding that the evidence did not warrant instructions on murder committed in the perpetration of mayhem or on murder perpetrated by means of torture. We explain why we have concluded that the admission of defendant’s incriminating statements in violation of his constitutional right to counsel worked…