Braun

Defendants Thomas Eugene Braun (“Braun”) and Leonard Eugene Maine (“Maine”) appeal from their respective judgments of conviction entered on jury verdicts finding both of them guilty of kidnaping and murdering Timothy Luce (“Tim”), kidnaping and raping Susan B. (“Susan”), and finding Braun guilty of assaulting Susan with intent to commit murder.

Prosecution Evidence

Tim and Susan, the two teenage victims of the crimes, were residents of Ukiah, California. On the evening of August 21, 1967, shortly before 6 p.m., they left Ukiah in a car and drove to a wrecking yard in Hopland. During the return trip something went wrong with their car. They pulled over and started walking back toward Ukiah. They were given a ride by Braun and Maine who were driving south but turned around and drove back to pick them up. Braun and Maine were driving a 1967 light green Buick sedan acquired in Oregon after they killed the driver, Samuel Ledgerwood.

Susan testified that Maine was driving the car when they were picked up. After traveling a short distance they turned off the highway whereupon Tim and Susan were suddenly threatened and guns were pointed at them. Susan saw two pistols. While…