Marrone

Defendant and appellant Frank Marrone was indicted by a grand jury, with six others, charging in count one that they kidnaped one Antonio Alessio for the purpose of obtaining ransom, in violation of Penal Code, section 209. Count two charged the same defendants with conspiracy to commit the crime of kidnaping for the purpose of obtaining ransom. Seven overt acts are charged. In addition, defendant Marrone was charged with a prior conviction of four felonies: robbery, escape, forgery and murder. Defendant Marrone admitted the previous convictions and was found guilty on both counts. He was sentenced to prison, sentences to run concurrently. He now appeals from the judgment and order denying new trial.

Facts

The record comes to us with an agreed statement of facts indicating that Antonio Alessio (called Tony) was a price maker at the Caliente Race Track in Tijuana; that about 5 p.m. on November 22, 1960, four men, including defendant Marrone, drove to the vicinity of the residence of Antonio Alessio and waited for him to return from work. They had in their possession two revolvers, a pair of handcuffs and a pair of sunglasses which had dark paint smeared on the lenses. Alessio…