Gallegos v. People

Plaintiff in error, to whom we will refer as defendant, was found guilty of first degree murder and sentenced to imprisonment for life. He was charged jointly with one Edward Raymond Martinez. The information, in pertinent part, alleged that the defendant and said Martinez, “did feloniously, wilfully and of their premeditated malice aforethought kill and murder one ROBERT F. SMITH; * * *.”

Defendant was fourteen, Martinez was twelve, and the decedent Smith was “over seventy” years of age. The homicide was committed in connection with a robbery allegedly perpetrated by the defendant and.…