People v. Bandhauer

Opinion

THE COURT.

A jury convicted defendant of the first degree murder of Walter Ashley Smith, and fixed the penalty at death. On appeal the judg*611ment was reversed insofar as it related to penalty but affirmed in all other respects. (People v. Bandhauer (1967) 66 Cal.2d 524 [58 Cal.Rptr. 332, 426 P.2d 900].) At the second penalty trial the jury again imposed the death penalty. Motions for new trial and for reduction of the penalty were denied, and defendant’s second automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).)

Defendant’s principal contentions relate to the giving of…