SPENCE, J.
This is an automatic appeal from a judgment imposing the death penalty. (Pen. Code, § 1239.)
Defendant was accused of the murder of a 13-year-old girl, Phoebe Ann Bair, on June 11, 1953, in the town of Madison, Yolo County. Upon arraignment on June 22d, defendant stated that the public defender had represented him at the preliminary hearing but that he did not desire the
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