People v. Tidwell

Opinion

PETERS, J.

— Defendant and his brother Robert Tidwell were indicted for the murders of Jessee Levoy DeForest, Mary Jeanette DeForest, and Keith Eugene JJtterback. Following separate trials by jury, both defendant and his brother were convicted of first degree murder on ■ all three counts and sentenced to death. Defendant’s motions for a new trial and for reduction of the penalty were denied, and his automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).)1

We have concluded that the trial judge erred prejudicially in denying defendant’s motions for a change of venue, and hence…