Cook

Charged in count I, with murder and in counts II and III with kidnaping for the purpose of robbery, defendant pleaded not guilty. One Lawrence Amen Thomas had been charged with the same murder. In fact it was the prosecution’s case that it was Thomas who did the actual killing and that Cook merely aided and abetted him. Thomas’ case was tried first. He testified in his own behalf and was acquitted. Shortly thereafter defendant’s case was called for trial before the same judge. Defendant was represented by private counsel. It is perfectly obvious that the reported proceedings are nothing but an elaborate script of the type not uncommon before the Supreme Court, in People v. West, 3 Cal.3d 595, 604-611 [ 91 Cal.Rptr. 385 , 477 P.2d 409 ], made plea bargains respectable.

At the outset of the proceedings defendant’s counsel announced that his . client had decided to waive his right to trial by jury. The prosecutor then by questioning defendant, ascertained that: (1) defendant had disclosed all he knew about the facts and circumstances surrounding the charges against him to his attorney; (2) he had thoroughly discussed the matter with his attorney; (3) the attorney had…