People v. Polk

*446TRAYNOR, C. J.

Defendants were convicted of conspiracy to commit kidnaping for the purpose of robbery (Pen. Code, §§ 182, 209) and of the first degree murder of William Fambro (Pen. Code, §189). The jury fixed the penalty at death on the murder count, and defendants were sentenced to prison for the term prescribed by law on the kidnaping count and to death on the murder count. On appeal, the judgments were reversed for a new penalty trial only. (People v. Polk, 61 Cal.2d 217, 234 [37 Cal.Rptr. 753, 390 P.2d 641].) Upon retrial, the jury again fixed the penalty for each defendant at death. This…