People v. St. Martin

Opinion

PETERS, J.

Defendant, a life prisoner, was charged with an assault with malice aforethought and with a deadly weapon and by means of force likely to produce great bodily injury upon another inmate, James Carter. (Pen. Code, § 4500.) A jury found defendant guilty as charged and fixed the penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

- On the morning of January 7; 1968, Sergeant Clarence Wilson of the *529California State Prison at Folsom heard sounds of scuffling and cries of help. He recognized the voice of James Carter, an inmate, calling “Oh, God, help me.”…