Robinson

This is an appeal from the judgment entered upon defendant’s conviction of murder in the first degree. The jury fixed the penalty at life imprisonment. Defendant previously was tried and convicted for the same offense and given the death penalty. However, the judgment was reversed and the case remanded for a new trial by our Supreme Court in People v. Robinson, 61 Cal.2d 373 [ 38 Cal.Rptr. 890 , 392 P.2d 970 ].

On Saturday night, February 3, 1962, there was a dance held at the Fox Hills Country Club which lasted until the early morning hours of Sunday, February 4th. After all of *581 the patrons had left the club, Lewis Grego, the bartender, gave the night’s receipts from the cash register in the main dining room to Cyril Morrisey, the night manager. Morrisey placed the money in his office safe and followed Grego back towards the dining room. As he entered the dining room he heard Grego shout, “There’s three of them.” He saw that Grego was surrounded by three persons wearing masks over their faces. One of these persons had an object resembling “a rod or a broomstick” in his hand. He then heard “two explosions.” He remembered nothing after that until he awoke in a hospital three…