People v. Butler

Defendant was charged by information

with the murder of Joseph H. Anderson and with assault with intent to murder William Russell Locklear. A jury convicted defendant of first degree felony murder and of assault with a deadly weapon; it fixed the penalty for the murder at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

We have determined that error in the guilt phase of the trial deprived defendant of his primary defense to the charge of first degree felony murder. The judgment of conviction of murder must therefore be reversed.

Joseph H. Anderson operated a catering service in…