People v. Benjamin

Opinion

FRANSON, Acting P. J.

Statement of Facts

In the early morning hours of December 23, 1973, appellant and Bobby Lee Gibson were in an after-hours bar-restaurant called Henry VIII—The Dungeon in Bakersfield. Delbert Adams, the victim, was also in the bar. Appellant was wearing a wide-brimmed, leather or suede hat, a sleeveless shirt, and had a coat draped over one arm. Gibson wore a tight fitting navy watch-cap.

An argument developed between Adams and appellant. Some foul language was exchanged but no blows occurred. Appellant and Gibson left the bar after the argument subsided.

Adams…