PEOPLE v. VARNUM

Docket No. Crim. 10190.

66 Cal.2d 808 (1967)

427 P.2d 772

59 Cal. Rptr. 108

THE PEOPLE, Plaintiff and Respondent, v. THOMAS LAMAS VARNUM, Defendant and Appellant.

Supreme Court of California. In Bank.

May 31, 1967.


Attorney(s) appearing for the Case

Thomas Lamas Varnum, in pro. per., and Lester M. Fleischner, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Gordon Ringer, Deputy Attorney General, for Plaintiff and Respondent.


TRAYNOR, C.J.

A jury found defendant guilty of assault with intent to commit robbery, first degree robbery, kidnaping with bodily harm for the purpose of robbery, and first degree murder. It fixed the penalty for kidnaping at life imprisonment without possibility of parole and the penalty for murder at death. A motion for new trial was denied. The appeal is automatic. (Pen. Code, § 1239, subd. (b).)

At a previous trial the jury fixed the penalty at death...

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