Roy

On an information charging him with three counts of murder (Pen. Code, § 187), defendant was acquitted on one count, found guilty of second degree murder on two counts, and sentenced to state prison on each of the two counts, sentences to run concurrently.

On the night of July 22, 1969, defendant and his wife attended a party at Daniel Machain’s residence in Fontana. Mike and Vivian Cobem and Frank and Barbara Hubka were among the guests present. Daniel Machain, Mike Cobem and Frank Hubka were later to be the victims of the homicides with which defendant was charged. During the evening Vivian Cobern became intoxicated and went to one of the bedrooms to lie down. Machain later accused defendant of having “raped” Vivian while she was “passed out” in the bedroom and ordered defendant to leave the party. Defendant and his wife left and, according to their testimony, arrived home about 12:30 a.m. and went directly to bed, fully clothed. Other evidence indicated defendant left the party some time after 1 a.m.

After defendant left the party, Cobem, Machain, and Hubka decided to go to defendant’s house to “talk” to him about the alleged rape. The three, accompanied by their…