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PEOPLE v. WASHINGTON

Docket No. Crim. 12403.

71 Cal.2d 1170 (1969)

459 P.2d 259

81 Cal. Rptr. 5

THE PEOPLE, Plaintiff and Respondent, v. ERNEST WASHINGTON, Defendant and Appellant.

Supreme Court of California. In Bank.

October 3, 1969.

Attorney(s) appearing for the Case

James Martin MacInnis, under appointment by the Supreme Court, for Defendant and Appellant.

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

TRAYNOR, C.J.

By indictment Mrs. Leiala Spencer, Kenneth Davis, and defendant Ernest Washington, were jointly charged with the robbery and murder of Benjamin Kay. The trial court granted defendant's motion for a severance, and thereafter a jury found him guilty of first degree murder (Pen. Code, § 187) and first degree robbery (Pen. Code, § 211) and fixed the penalty for the murder at death. The trial court denied motions for a new trial and to reduce the...

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