People v. Cheary

*307TRAYNOR, J.

A jury returned a verdict that defendant was guilty of murder in the first degree and fixed the punishment at death. The trial court denied a motion for new trial and sentenced defendant to death. The appeal is automatic. (Pen. Code, §1239, subd. (b).)

Defendant contends that the verdict is not supported by the evidence. He also assigns as prejudicial error the court’s excusing four prospective jurors on the ground that they entertained conscientious opinions that would preclude their voting for the death penalty, the admission into evidence of certain photographs, the refusal of…