People v. O'BRIEN

Defendant was charged by information with the murder of Los Angeles Police Officer David Seibert and with six prior felony convictions. Motions for change of venue an,d for suppression of evidence were' denied. A jury found defendant guilty of first degree murder and fixed the penalty at death. Motions for new trial and reduction of sentence were denied. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) We affirm the judgment as to guilt but, under compulsion of Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], we reverse as to penalty.

On the morning of…