People v. Davis

Defendant killed his victim, Marion Burnett, by pounding her on the head and arms six or more times with a 16%-pound stone. A jury found him guilty of murder of the first degree and sane at the time of the crime, and fixed his penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Defendant’s wife of six months, Dorothy, left him and moved to her mother’s house four days before the killing. Defendant had asked her several times to return. She always refused, in part apparently because of her belief that he was having sexual relations with her unmarried friend, Marion.…