People v. Varnum

A jury found Thomas Varnum, John Jackson and Edward Jackson guilty of assault with intent to commit robbery against James H. Fields (Pen. Code, § 220 X1 first degree murder of Norman Merrill (§§ 187, 189), kidnaping of Norman Merrill for the purpose of robbery (§ 209) and robbery of Norman Merrill (§211). The jury fixed Varnum’s punishment at death for both the murder and the kidnaping.2 In People v. Varnum (1964) 61 Cal.2d 425 [38 Cal.Rptr. 881, 392 P.2d 961], we affirmed the judgment as to guilt and reversed as to penalty for error in argument by the prosecutor and instruction by the court…