People v. Holt

The defendant was charged with the murder of Romie L. Riley. He pleaded not guilty and not guilty by reason of insanity. A jury found him guilty of murder of the first degree and made no recommendation as to penalty. The issue of defendant’s sanity was then tried and the jury found that he was sane at the time of the commission of the crime charged. The trial court denied the defendant’s motion for a new trial and sentenced him to death. This appeal from the judgment is automatic. (Pen. Code, § 1239(b).)

The defendant attacks the judgment upon two grounds. He contends: (1) that the trial court…