People v. Buono

Buono, Murray, Robearge and Thwaits were convicted by a jury in Los Angeles County of conspiracy to commit robbery and of murder; both crimes were fixed as first degree. Defendants were sentenced to life imprisonment for the murder and the term prescribed by law for the conspiracy, sentences to run concurrently. The killing was committed in an attempt to commit a robbery and hence automatically became murder of the first degree. (Pen. Code, § 189.) All defendants appealed. Thwaits’ appeal was dismissed pursuant to rule 17 (a) and the other appeals are now before us upon a single record.…