People v. Berry

Opinion

SULLIVAN, J.

Defendant Albert Joseph Beriy was charged by indictment with one count of murder (Pen. Code, § 187) and one count of assault by means of force likely to produce great bodily injuiy (Pen. Code, § 245, subd. (a)). The indictment was amended to allege one prior felony conviction which defendant admitted. The assault was allegedly committed on July 23, 1974, and the murder on July 26, 1974. In each count, the alleged victim was defendant’s wife, Rachel Pessah Berry. A jury found defendant guilty as charged and determined that the murder was of the first degree. (§ 189.)…