TOBRINER, J.
A jury found Jimmie Gene Luker, Michael Layne, and Thomas Maurice guilty of conspiracy to commit robbery, robbery, and murder in the first degree. It fixed the penalty at death for Luker, but gave life imprisonment to Layne and Maurice. The appeal of Luker is automatic (Pen. Code, § 1239, subd. (b)); that of Layne by notice duly filed. Defendant Maurice does not appeal his conviction.
At approximately 10:30 p.m. on Friday, July 26, 1963,...
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