Lando

People v. Lando

Good Law
1928 Cal. App. LEXIS 918·92 Cal. App. 405·268 P. 439
Court of Appeal of CaliforniaJune 4, 1928Docket No. 1600.California1,579 words

Opinion

Lead Opinion

Conrey, J.

Count one of the information charged that on the eleventh day of June, 1922, in the county of Los Angeles, defendant did wilfully, etc., kill and murder one Edward Mejia. Count two charges that at the same time and place the defendant did wilfully, etc., kill and murder one Jesus Mejia. On the first count the jury found the defendant guilty of murder of the second degree. On the second count the jury found the defendant guilty of murder of the first degree and fixed the penalty at imprisonment in the state prison for life.

It is an admitted fact that defendant Lando (at that time known as Tony Tuzzolino) killed the Mejia brothers. At the trial his only defense was that the killing was done in self-defense. The circumstances of the killing, as shown by the prosecution, are clearly described in the testimony of Juan Saragosa, an eye-witness. The two Mejia brothers were sitting together next to the wall in a pool-hall, where games were being played. The defendant came in through the front door and made a movement with the head, indicating or pointing toward the back yard. “He did like this to the boys making a movement with his head.” The defendant walked out through the back door…

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