Cain

Defendant was indicted in Count I with violation of section 187, Penal Code, murder, and in Count II with violation of section 211, Penal Code, robbery. Defendant pleaded not guilty. Defendant personally and all counsel waived trial by jury and the matter was tried by the court. The court found defendant guilty on Count I, of murder in the first degree and fixed the penalty at life imprisonment. Probation and defendant’s motion for new trial were denied and defendant was sentenced to state prison for the term of his natural life. Count II was dismissed.

On November 26, 1960, Nathaniel Gaines and Clifford Rollins entered a market located at 1895 E. 97th Street, Los Angeles. Rollins wore a silk stocking pulled over Ms head and Gaines carried a .32 caliber automatic in his hand. Gaines forced the owner, Otis Broxton, his wife and a clerk, Shirlene Withers, into the rear of the store. There he fired a shot into the head of Mr. Broxton, killing him. He then removed a wallet and some money from Mr. Broxton’s pockets. Meanwhile, Rollins was in the front of the store and after removing money from the cash register he left and entered a car owned and driven by James V. Barnes which was…