People v. Gutierrez

The defendant, Paul Gutierrez, having waived a jury, was tried by the court, found guilty of murder in the first degree and was given the death sentence. The defendant was charged with having murdered one Josephine Yanez, a human being, to which charge he pleaded not guilty and not guilty by reason of insanity.

On the evening of November 19, 1949, Mr. and Mrs. Jose Yanez and their two children, one a baby of about 3 months and the other, Josephine, an infant of 17 months, went to dinner at a restaurant in Huron. Some time after dinner (the testimony as to the exact time is conflicting), the…