People v. Fain

Defendant William Archie Fain appeals from a judgment entered upon jury verdicts convicting him of first degree murder (Pen. Code, § 187), three counts of forcible rape (Pen. Code, § 261 ), 1 one count of forcible sex perversion (Pen. Code, § 288a), two counts of kidnaping (Pen. Code, § 207), and one count of attempted kidnaping (Pen. Code, §§ 663, 207). In the penalty proceeding the same jury fixed the punishment at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) We affirm the judgment as to guilt but, under compulsion of Witherspoon v. Illinois (1968) 391 U.S. 510 [20…