Valenzuela

The appellant, Natividad Valenzuela, was charged by an information filed against him in the county of Orange with having, on May 2, 1936, murdered Jovita Lopez Valenzuela, his wife. He entered the general plea of not guilty and also the plea of not guilty by reason of insanity. The jury returned a verdict of guilty of murder as charged in the information, without recommending life imprisonment, and the issue of insanity having been subsequently determined against him, the court pronounced the sentence of death upon the jury’s said verdicts.

His attorney in his opening brief says that he feels that the case was fairly tried and the evidence fairly presented to the jury. The sole question raised by him goes to the issue of intent, or rather to the capacity of the defendant to form a criminal intent. During the trial of the main case appellant’s attorney made an offer to prove that the appellant had on several occasions, in bursts of anger and with little or no reason to do so, made violent assaults upon his brother, Narsario, and upon one occasion upon the father, who interfered in a difficulty between the brothers. These troubles, as related by the father and brother, grew out of…