People v. Misquez

Pete Gonzalez Misquez was charged by information with the murder of Margaret Ann Rafferty. Trial was to the court, which found him guilty and determined the offense to be murder of the first degree. (Pen. Code, § 189.) Defendant’s motion for a new trial was denied and he was sentenced to confinement in the state prison for life. He appeals from the judgment and the order denying him a new trial.

There was evidence of the following facts. Defendant met Mrs. Rafferty in June 1955 and commenced living with her a few months later. In February 1956, they moved to a second story apartment at 7610…