People v. McClellan

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of the Superior Court of Orange County, after trial before a jury, on verdicts finding *797defendant guilty on two counts- of murder in the first degree and fixing the penalty of death on each count. Wayne McFarland was also charged with the murders. He pleaded guilty and testified against McClellan at the trial.-3

On the evening of February 16, 1967, the defendant and McFarland entered the Gaslight Cafe in Stanton- Shortly after the stage show began, defendant jumped onto the' stage with a small automatic weapon in his…