Ford

The inception of the within proceedings was by way of information filed in San Luis Obispo County charging defendant with seven felonies committed in June 1961 (burglary [count I] ; possessing a concealable weapon [count II] ; robbery [count III]; kidnaping [count IV]; assault with a deadly weapon [count V]; kidnaping [count VI]; and murder of a deputy sheriff [count VII].) The cause was tried to a jury and defendant was convicted on all seven counts; *392 the burglary, robbery and murder, each was found to be in the first degree. On count VII the jury fixed the penalty at death. The Supreme Court affirmed the judgment on counts I through VI, modifying count I to show a conviction of burglary in the second instead of the first degree, and ordering rearraignment and resentenee on the first' six counts; and reversed the judgment as to count VII remanding the cause for a new trial (People v. Ford, 60 Cal.2d 772, 801-802 [ 36 Cal. Rptr. 620 , 388 P.2d 892 ]).

The retrial of defendant for murder on count VII was to a jury; again defendant was found guilty of murder first degree and the penalty was fixed at death. The Supreme Court modified the judgment imposing the death penalty by…