TRAYNOR, J.
Defendant was convicted of murder in the first degree and the jury imposed the death penalty. A motion for a new trial was denied. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)
On September 29, 1955, about 3:35 p.m., Frank Carey, owner of the Log Cabin Bar near Chico, was found unconscious
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