People v. Byrd

Defendant Walter Thomas Byrd was charged by indictment with the murder of his wife, Susan. He pleaded not guilty and not guilty by reason of insanity. The jury returned a verdict of guilty of murder in the first degree without recommendation, and he was found sane. His motion for a new trial was denied, and the death penalty was imposed. The appeal is automatic. (Pen. Code, § 1239, subd. (b).)

*204As grounds for reversal, defendant urges these points: (1) invalidity of the indictment because of ineompetency of the grand jury; (2) errors in the charge to the jury, both in giving and refusing to…