Ashley

Defendant was found guilty of the kidnaping and the first degree murder of Angie Mae Stewart, a six-year-old girl. The same jury also determined that defendant was sane on August 8, 1960, the date the offenses were committed, and that the penalty for the murder should be death. The appeal is automatic under the provisions of section 1239, subdivision (b), of the Penal Code.

The facts are not in dispute. Angie was kidnaped and killed on August 8, 1960. She and her family (father and mother and two brothers) had arrived in Merced County by automobile on August 6, 1960, having come from Minnesota, hoping to secure farm work. They camped at Fremont Park on the San Joaquin River, some 10 miles from Gustine in Merced County.

On August 7, 1960, around 4 p.m. Angie and her nine-year-old brother were swimming in the river. When the parents went to get the children they found the appellant in the water with them. Defendant suggested that the parents also come in swimming, and they did. A short time later defendant carried Angie up the bank to his car where he got an army blanket and wrapped it around the girl and himself, in which position they remained for about 30 minutes. Defendant…