People v. Mitchell

A jury found defendant guilty of first degree murder and fixed the penalty at death. On appeal, we affirmed the judgment as to guilt and reversed insofar as it related to the penalty (61 Cal.2d 353 [38 Cal.Rptr. 726, 392 P.2d 526]). Upon retrial, the jury again fixed the penalty at death. This automatic appeal followed, pursuant to section 1239, subdivison (b), of the Penal Code.

Facts:1 At approximately 10 :30 p.m. on February 15, 1963, *808defendant, armed with a shotgun and wearing a hood, entered the Stadium Club, a bar and restaurant in Sacramento, for the purpose of committing a robbery.…