MOSK, J.
Defendant James Bradford, Jr., appeals from a judgment entered upon a jury verdict convicting him of first degree murder (Pen. Code, § 187). In the penalty proceeding the same jury fixed the punishment at death. This appeal is automatic (Pen. Code, § 1239, subd. (b)). We affirm the judgment as to guilt but, under compulsion of Witherspoon v. Illinois (1968)
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