People v. Beverly

On this appeal from a judgment after conviction by a jury of murder in the second degree (Pen. Code, § 187), several questions are raised by defendant. We shall discuss the facts pertinent to each question in our separate consideration of the points raised on this appeal. Preliminarily, however, we set out the following basic facts:

The evidence supportive of the jury’s verdict is as follows: On the evening of November 15, 1962, defendant, upon re turning to his apartment, found his wife, Anne, her girl friend, Betty Green, and a neighbor, Gordon Tolliver, in the living room. Shortly…