People v. Bandhauer

A jury convicted defendant William Bandhauer of first degree murder of Walter Ashley Smith and fixed the penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Defendant met Smith at Thelma’s Tavern in Riverside at approximately 8 p.m. on February 25, 1966. He introduced himself as Mike to Smith’s friend, Gerald Allen Thomas, and drank beer with Smith and played pool with him. The three men left Thelma’s Tavern in a blue Ford *527station wagon driven by defendant. Smith was drunk and was refused drinks at a few bars. Defendant did not appear intoxicated although he was seen…