Crane

Robert Edward Crane (petitioner) petitioned this court for a writ of prohibition or mandate to compel the trial court to vacate its order denying his motion to strike a special circumstance allegation from the indictment on his retrial for the murder of Kenneth *780 Cochran. This court denied the petition without opinion. The Supreme Court granted hearing and retransferred the case to this court with directions to issue an alternative writ of prohibition and/or mandate.

. In compliance with the order of the Supreme Court, this court issued an alternative writ of mandate. The People as real party in interest made their return, and petitioner has filed a traverse. We have again considered petitioner’s contentions and again concluded that they are without merit. Accordingly, we deny issuance of the peremptory writ.

By an indictment issued April 18, 1978, petitioner and Eddie Tyler Burnett were accused of having committed a number of felonies. In count I petitioner and Burnett were jointly charged with the murder of Wayne Golin on January 30, 1978. In count II petitioner and Burnett were jointly charged with the robbery of Wayne Golin on the same date. Count III charged…