Gay

Defendant Herschel Andrew Gay was charged in a three-count information with the murders (Pen. Code, § 187) of Russell Volpi (count I) and Eve Hindin (count III) and with assault with intent to commit murder (Pen. Code, § 217) upon John Coulter Dilday (count II). Defendant pleaded not guilty and not guilty by reason of insanity to the charged offenses. A jury found the defendant guilty of murder in the first degree on counts I and III and also found him guilty of assault with intent to commit murder as charged in count II. The defendant then withdrew his plea of not guilty by reason of insanity as to all counts and the jury fixed the penalty at death for counts I and III.

Defendant’s motions for a new trial and reduction of the death sentences to life imprisonment were denied and the court ordered imposition of the death sentences on counts I and III and sentenced the defendant to state prison on count II for the term prescribed by law. The court further found that the defendant was armed with a deadly weapon at the time of commission of the offense within the meaning of Penal Code sections 969c and 3024.

The defendant concedes the fact that the evidence during the trial…