Jensen

A jury found Richard John Jensen guilty on each count of an information charging him with robbery, assault with intent to commit murder, and kidnaping for the purpose of robbery. The court ordered that the sentences for the first two offenses run concurrently and for the last offense, following the recommendation of the jury, fixed the penalty at death. The statutory appeal (Pen. Code, § 1239, subd. b) is from the judgment and from an order denying a motion for a new trial.

While driving along a main highway Jensen stopped and offered a ride to Marion L. Piper, a sergeant in the United States Marine Corps, who was “hitchhiking.” Piper accepted, and they drove several miles to the intersection of the highway with a side road. Jensen announced that he wanted to “stop off and see a buddy for a few minutes” and turned on to a side road. After proceeding for 3 or 4 miles he stopped the car. In the rear seat, hidden under a blanket, was a device which Jensen had constructed from the barrel and mechanism of a .22 caliber rifle. The barrel was mounted so that the muzzle pointed through a hole which had been drilled in the metal back of the front seat, directly behind the place where a…