People v. Martinez

Defendant Aurelio Martinez was charged by information with the murder of his wife, Hope Martinez. He pleaded not guilty and not guilty by reason of insanity. A jury returned a verdict of guilty of murder of the first degree without recommendation and found that defendant was sane at the time of commission of the offense. Defendant’s motion for a new trial was denied and he was sentenced to death. The appeal to this court is automatic. (Pen. Code, § 1239.)

Defendant was 37 years old at the time of the homicide. He and his wife Hope had seven children. During the marriage he had many quarrels…