Benjamin

Statement of Facts

In the early morning hours of December 23, 1973, appellant and Bobby Lee Gibson were in an after-hours bar-restaurant called Henry VIII—The Dungeon in Bakersfield. Delbert Adams, the victim, was also in the bar. Appellant was wearing a wide-brimmed, leather or suede hat, a sleeveless shirt, and had a coat draped over one arm. Gibson wore a tight fitting navy watch-cap.

An argument developed between Adams and appellant. Some foul language was exchanged but no blows occurred. Appellant and Gibson left the bar after the argument subsided.

Adams remained in The Dungeon, was introduced to Marlene Reel, and danced until about 5:30 a.m. Mrs. Reel then declined an invitation to have breakfast with Adams, so Adams walked Mrs. Reel to her car in the parking lot as she had decided to go home.

James Irwin worked as a parking lot guard at The Dungeon. Irwin’s shift was from 10 p.m. to 6 a.m. At approximately 5 to 5:15 a.m. on December 23, Mr. Irwin observed a Volkswagen with a white top, dark body and missing front bumper make two or three passes through The Dungeon parking lot. The Volkswagen contained two occupants. The passenger wore a wide-brimmed hat and…