McNeal

Appellants Russell McNeal and Nathan Nix were convicted, after trial by jury, of violation of Penal Code section 211 (robbery), and violation of Penal Code section 459 (burglary). Appellant Nix also was found to have used a firearm in the commission of the robbery and the burglary. Appellant McNeal was also found to be in violation of his probation for a previous violation of Penal Code sections 236 (false imprisonment), 221 (assault with intent to commit a felony), and 594 (vandalism).

In the early morning hours of April 25, 1977, the victim, Allen Fawkes, was awakened in his home by three intruders who wore rubber masks: one described as a blackish-green witch’s face, another as a fox or a wolf, and the third as a large bald head. The masks completely covered the heads of the intruders. The individual wearing the witch’s mask held a flashlight and a shotgun or rifle. Fawkes was robbed of a small quantity of marijuana, his wallet and two .22 caliber rifles. Within a few hours after the robbery, appellants and their juvenile coparticipant were arrested.

The principal issue raised by appellants is whether the court erred in failing to ascertain if good cause existed for…