People v. Ah Gee

Defendant and two others, Toy Lee and Poo Kee, were jointly charged, in an information filed by the district attorney of San Joaquin County, with the murder of one Lee Wun, in the city of Stockton, on March 21, 1917. Separate trials of the defendants were had and Ah Gee was convicted of the crime of murder of the first degree and was sentenced to imprisonment in the state prison for the term of his natural life. The -appeal is from the judgment and from an order denying defendant’s motion for a new trial.

The record discloses that Lee Wun met his death during a tong war. He and the three defendants above named were engaged in the shooting and Poo Kee testified that he was fired upon by one Lim Buck Hee.

There is but one point urged for a reversal and it is this: That the prosecution presented its ease upon two distinct and inconsistent theories, to wit: 1. That the defendant aided, abetted, and assisted Toy Lee in the murder of Lee Wun; and 2. That Ah Gee himself actually killed and murdered said Lee Wun. In support of this proposition, appellant calls attention to the testimony of the witnesses, C. W. Potter and A. P. Peterson, who testified to having been eyewitnesses to the…