People v. Golston

This is an automatic appeal from a judgment of guilty of murder in the first degree. The trier of fact fixed the punishment at death.

Facts-. Defendant was charged with murder and pleaded not guilty. At the time of the trial defendant and his counsel waived trial by jury. The trial judge found defendant guilty of murder in the first degree. He then found that the death penalty should be imposed.

These are the questions for us to determine:

First. Was defendant entitled to a jury trial as to the penalty phase of the casef

No. On January 10,1962, when the case was called for trial, the following…