People v. Mitchell

This is an automatic appeal, pursuant to section 1239, subdivision (b), of the Penal Code, from a judgment, after trial before a jury, finding defendant guilty of murder in the first degree and imposing the death penalty.

*356Facts-. The Stadium Club, the scene of the crime, is a bar and restaurant in Sacramento. Defendant appeared at the club at approximately 10:30 p.m. on February 15, 1963. About this time an employee took some meat scraps to a grease barrel at the rear of the premises, and observed defendant looking into the restroom windows. Defendant pointed a sawed-off shotgun at the…