People v. Mammilato

Defendant was convicted of murder of the first degree, sentenced to death, and from the judgment and order denying him a new trial appeals.

Defendant was a laborer employed in and about Sunol, Alameda County, when this tragedy took place, and lived at a rooming and boarding house occupied by a Mrs. Andrews. The deceased—John Smith—-was a storekeeper at Sunol. Some days prior to November 9, 1912, the day when the stabbing occurred which caused the death of deceased, the defendant came into the store of deceased while the latter was engaged in counting into piles a large amount of money, and,…