People v. Robles

Opinion

PETERS, J.

Leo Estrada Robles was convicted after a jury trial of assault with a deadly weapon by a life prisoner (Pen. Code, § 4500), and first degree murder (Pen. Code, § 187). The jury in a separate trial fixed the penalty for both crimes at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

*209On November 6, 1967, Forrest Willard Smith, a San Quentin inmate, was murdered; he had been struck on the head and ear, and his throat was cut from ear to ear. Defendant Robles was charged by indictment with assault with a deadly weapon while serving a life term, and first degree…