Blagg

—William LloydBlagg and Louis Jack Burt (defendants) in a retrial by jury, after a reversal, were convicted of sodomy (Pen. Code, § 286) upon George William H. Hotchkiss (victim) and were sentenced to state prison. They appeal from the judgments. Defendant Burt appeals from the order denying motion for new trial.

Defendants, victim and four inmates were confined in a felony tank of the San Luis Obispo County jail. Defendants heard over a television broadcast that victim had been charged with kidnaping and child molesting. They proceeded to dole out “jail house justice.” Victim was given a “mohawk” haircut, had his eyebrows shaved off, was required to wear a mattress cover like a head shawl and to remove his pants and undershorts. He was kicked and struck numerous times and forced to undergo indignities in front of other inmates. At one point a blanket was hung up by the cell bunk so no one could observe it. Victim was ordered to lie face down on a mattress and was told that he was going to be sodomized. He could hear a muffled discussion as to who was going to be first. Defendant Blagg was first to commit sodomy on victim. Although victim could not see him, he recognized…