KINGSLEY, J.
Defendant was charged with murder in violation of section 187 of the Penal Code. He pled not guilty and, after a jury trial, he was convicted of murder in the first degree. The jury was unable to agree on the penalty and the trial court, exercising the discretion granted it by section 190.1 of the Penal Code, imposed a sentence of life imprisonment. Defendant has appealed.
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