People v. Patubo

Defendant Sencio Patubo, a 25-year-old Filipino, was charged by information with the murder in Monterey County on June 5, 1936, of David Dado, a Filipino, otherwise known as Big Boy. Defendant pleaded not guilty and went to trial. The jury returned a verdict of murder in the first degree, without recommendation, and judgment followed, imposing the death penalty. The case was brought to this court by the automatic appeal provision of section 1239 of the Penal Code. The appeal has, however, been briefed by both sides. Three contentions are advanced by appellant, i. e., (1) that the evidence…