People v. Murphy

Opinion

WRIGHT, C. J.

On October 1, 1969, defendant Sean J. Murphy was charged jointly with Warren O. Saling by indictment with conspiracy to commit first degree murder (Pen. Code, § 182) and the first degree murder of defendant’s wife, Catherine Murphy (Pen. Code, §§ 187, 189). Defendant pleaded not guilty. His motion for severance was granted and after trial a jury found him guilty as charged and fixed the penalty at *352death. His case is before us on automatic appeal (Pen. Code, § 1239, subd. (b)).1

Defendant contends that (1) certain extrajudicial statements made by him which were recorded on a…