People v. Galloway

Appellant was convicted and sentenced to pay the death penalty for murder of one Andrew Pashuta. In support of his appeal from the order denying a new trial he urges insufficiency of the evidence to justify conviction for first degree murder, the elements of premeditation and deliberation being, so it is claimed, wholly unproved; erroneous instructions given by the trial court to the jury, and prejudicial misconduct on the part of one of the jurors.

The homicide occurred on the last night of the Rose Festival at San Jose, Saturday, May 22, 1926, about midnight, on a road near the highway to…