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PEOPLE v. BANDHAUER

Docket No. Crim. 10425.

66 Cal.2d 524 (1967)

426 P.2d 900

58 Cal. Rptr. 332

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM BANDHAUER, Defendant and Appellant.

Supreme Court of California. In Bank.

April 27, 1967.

Attorney(s) appearing for the Case

Herbert E. Selwyn, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and S. Clark Moore, Deputy Attorney General, for Plaintiff and Respondent.

TRAYNOR, C.J.

A jury convicted defendant William Bandhauer of first degree murder of Walter Ashley Smith and fixed the penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

[1] Defendant met Smith at Thelma's Tavern in Riverside at approximately 8 p.m. on February 25, 1966. He introduced himself as Mike to Smith's friend, Gerald Allen Thomas, and drank beer with Smith and played pool with him. The three men left Thelma...

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