I concur with the majority in reversing the judgment of defendant’s convictions for failure to instruct properly regarding diminished capacity. However, for the reasons stated in my dissenting opinion in People v. William Tidwell, ante, page 62 [89 Cal.Rptr. 44, 473 P.2d 748], I do not join with the majority with respect to the denial of defendant’s motion for change of venue. I would uphold the trial court’s denial of the motion.