People v. Asbury

Opinion

KINGSLEY, Acting P. J.

The defendant appeals his conviction for first degree murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). We reverse.

Facts

In an earlier proceeding, the defendant was convicted of the robbery and first degree murder of John Jackson. The evidence indicated that the defendant, having been thrown out of a bar, pulled the sleeping Jackson from a car and shattered his skull with several blows from a four by four. 1 The defendant then pulled Jackson’s body some 30 feet, took his car keys and wallet, and started Jackson’s car. He managed to back the car up only a…