People v. De La Roi

In the year 1939 the defendant Wilson De La Roi was found guilty of murder in the first degree and was sentenced to imprisonment for life. In the pending action it has been found that such defendant, while serving his term of imprisonment at Folsom State Penitentiary, committed an assault with a deadly weapon (and with deadly effect) and with malice aforethought upon a fellow convict. The penalty for the latter offense is death (Pen. Code, §4500), and from the judgment imposing that penalty this appeal comes to us automatically by the provisions of section 1239 (b) of the Penal Code.

The…