People v. Mar Gin Suie

The indictment upon which he was tried and convicted charged the defendant with the murder- of one Lee Tong in the city of Sacramento on the twenty-fifth day of April, 1908.

The jury found the defendant guilty of murder of the first degree, fixing the penalty at imprisonment for life (Pen. Code, see. 190), and the court thereupon rendered judgment in accordance with said verdict.

This appeal is from said judgment and the order refusing the defendant a new trial.

The judgment and order are attacked on the grounds that the evidence does not warrant the verdict, alleged errors in the rulings of the court upon questions of the admissibility of certain evidence and alleged errors in giving and refusing to give to the jury certain instructions.

There appears to be no question but that two Chinamen, each having a revolver, fired upon and shot the deceased, inflicting wounds which produced almost instant death, but there is a sharp conflict in the evidence as to the identity of the defendant as being one of the perpetrators of the homicide. Upon this point, therefore, under the well-known rule as to the conflict of evidence, the verdict is beyond disturbance by a reviewing court.

The…