Chavez

Felix Chavez has been convicted of the murder of Constance (Connie) Navarro and sentenced to death. His appeal from the judgment and from the order denying a new trial presents only the question as to whether the homicide was a murder of the first degree.

The record shows testimony which may be summarized as follows:

Connie owned a bar and café in Colusa, known as the Michoacan, where she employed Gloria Uribe. Chavez, a Mexican citizen, came to Colusa from a neighboring ranch around 6 p.m. He called at the Michoacan to see Connie, whom he had known for some time. Not finding her, he then visited numerous bars and intermittently returned to the Michoacan looking for Connie. When he came back about 3:30 a. m., Connie, Gloria, and Gloria’s friend Shorty were preparing to leave.

Chavez asked Connie to drive him to the ranch where he worked. She refused to. do so. Connie, Gloria and Shorty then closed the bar and proceeded to the house where Connie and Gloria roomed.

This house, which was about a block and a half away, had a double entrance door which opened into the front room. There was a window on each side of the door. The remainder of the one-floor building was divided into…