Castaneda

Statement of Facts

On December 28, 1974, appellant, a Mexican citizen and an illegal alien who spoke no English, was employed at a labor camp on Highway 140 in Merced. Room 7 at Camp No. 1 was shared on this date by Florentino Castaneda Ceja, Francisco Rodriguez Castaneda and Alfredo Castaneda Ceja.

In the late afternoon and evening of December 28, Florentino and Francisco met and had beer at the 140 Club on Highway 140 adjacent to the labor camp. Appellant came alone to the 140 Club early in the afternoon, left, and then returned sometime after Florentino and Francisco arrived. The 140 Club closed at 1:45 a.m. Francisco went into the bathroom just prior to closing time and saw appellant having an argument with the victim. A person clothed like the victim had gone into the bathroom prior to closing and prior to purchasing a pack of Marlboro cigarettes. Florentino left the bar at closing time alone and went back to the labor camp to sleep without noticing an altercation outside the bar. Francisco also left the 140 Club at closing time. Outside the bar he saw appellant and the victim having an argument during which appellant threw a six-pack of beer at the victim.…