Kelso

A four-count information charged Evans, Kelso and others jointly; (count I) with the murder of Hempy on 5 February 1975, a felony, in violation of Penal Code section 187; (count II) with an assault with a deadly weapon with intent to murder Burnett on 5 February 1975, a felony, in violation of Penal Code section 217; (count III) with the kidnaping of O’Hara on 5 February 1975, a felony, in violation of Penal Code section 207; and (count IV) with the murder of O’Hara on 5 February 1975, a felony, in violation of Penal Code section 187. A codefendant, White, was alleged actually to have shot both murder victims with a handgun. As to each charge, Evans and Kelso pled not guilty.

Appellant Kelso was found by a jury to be guilty of second degree murder as to count I, guilty of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a), an offense included within the offense charged in count II; guilty of kidnaping as charged in count III, and guilty of second degree murder as to count IV. Appellant Evans was found guilty of the same offenses, except, regarding count I he was found guilty of involuntary manslaughter in violation of Penal Code section…