GIBSON, C.J.
Thomas Varnum, John Jackson, and Edward Jackson were found guilty by a jury of first degree murder, kidnaping for the purpose of robbery with bodily harm, first degree robbery, and assault with intent to commit robbery. The jury fixed the punishment of Varnum at death for the kidnaping and the murder, and his appeal comes before us automatically under subdivision (b) of section 1239 of the Penal Code.
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