People V. Washington

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 penalty and entered judgment on the verdict. It stayed execution of sentence for both crimes pending this automatic appeal. (Pen. Code, § 1239, subd. (b).)