People v. La Verne

On June 9, 1930, the Alameda County grand jury returned an indictment charging defendant with the murder of one Marcello LaGorio and also with a prior conviction of a felony, to wit: burglary. Upon trial of the cause, the jury returned %> verdict finding defendant guilty of murder of the first ■ degree without recommendation of life imprisonment. Judgment carrying the death penalty was thereafter pronounced upon him and from said judgment and the order denying his motion for new trial, he now prosecutes this appeal.

The case is admittedly a clear one. On the night of May 28, 1930, defendant…