People v. Carter

Defendant was convicted of murder in the first degree and the jury imposed the death penalty. A motion for a new trial was denied. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

On September 29, 1955, about 3:35 p. m., Frank Carey, owner of the Log Cabin Bar near Chico, was found uncon*742scions on the floor of the card room of his bar, his head bloody and bruised. He never regained consciousness and died several hours later as a result of his injuries.

Defendant was in the bar from the time Carey opened it about 12:30 p. m. until shortly after 3 p. m., drinking beer, playing the pinball…