Britton

Appellant and several other named persons were informed against by the grand jury of Los Angeles County in an indictment containing nine counts. The appellant entered his plea of guilty to two charges of robbery and to one charge of kidnaping for the purpose of robbery therein contained. He concedes the correctness of the judgments entered upon the robbery counts, but appeals from the judgment on the kidnaping charge in so far as it sentences him to the state prison for the term prescribed by law “without the possibility of parole”.

In substance, he urges that the court below was without authority to sentence him “without possibility of parole” for the asserted reason that the indictment fails to allege and the evidence fails to disclose that the victim of the kidnaping suffered “bodily harm” as required by section 209 of the Penal Code to warrant such sentence. We are satisfied the evidence discloses that the victim suffered “bodily harm within the meaning of section 209, as interpreted in People v. Tanner, 3 Cal. (2d) 279 [ 44 Pac. (2d) 324 ],

This and two companion causes were taken over by this court after decision in the District Court of Appeal of the Second Appellate…

I dissent for the reasons set forth in dissenting opinion this day filed in case Crim. No. 3933, ante, p. 1.