People v. Combes

Defendant was found guilty of first degree murder, and the jury fixed the penalty at death. His appeal is automatic, pursuant to section 1239, subdivision (b), of the Penal Code.

Viewing the evidence in the light most favorable to the People, the record discloses the following facts;

Between August 1 and August 15, 1960, defendant, a parolee, met with three other parolees, Parker, David and Perrin, in Oakland, California. During that period defendant said several times that he would be killed before he would be sent back to prison.

Before August 16, 1960, the four men planned to rob a market in…