Keeling

The defendants were jointly charged with the murder of William Smith. Keeling entered a plea of guilty. Glenn pleaded not guilty by reason of insanity, waived *197 a jury, and after trial by the court was found to be sane. These appeals come to us automatically from judgments imposing the death sentence against each defendant. (Pen. Code, § 1239 (b)-.) No briefs have been filed in either case.

Examination of the record discloses that on the night of May 20, police officers in Salinas were warned to be on the lookout for a certain automobile, the occupants of which had assaulted a soldier (not the deceased) earlier in the evening. Some time after midnight, defendants were arrested in the described automobile. They had blood on their hands and clothing; a pair of broken pruning shears, an opened pocket knife with blood on the blade, and a billfold belonging to William Smith (deceased) were found in the ear. Early in the morning of May 21, 1944, the body of Smith was found in a field by the roadside near Salinas. He had been beaten about the head and stabbed many times. When last seen the night before, Smith was in the company of defendants. Defendant Glenn had in his possession $11…