People v. Whitmore

A jury found defendant guilty of first degree murder and of attempted murder. The penalty phase of the trial for murder ended in a mistrial with the jury unable to agree on a verdict. The court denied the People’s motion for a new trial on the penalty question and sentenced defendant to state prison for the term prescribed by law.

In appealing from the judgment, defendant raises numerous contentions. He does not, however, question the sufficiency of the evidence to support his conviction. Indeed, the evidence —which includes eyewitness testimony and the positive identification of defendant by…