People v. Ho Kim You

The information in this case jointly charged the defendants, Ho Kim You and Chew Bock Hue, and two other Chinamen, On Git and Yee Yum, with the crime of murder. The defendants Ho Kim You and Chew Bock Hue were convicted of murder in the first degree. Life imprisonment was fixed by the jury as the penalty. The appeal is from the judgment and from an order denying a new trial.

The facts of the case, upon which the people relied for a conviction, briefly stated are these: On the night of April 27, 1912, at about 8 o’clock, five Chinese were engaged in a poker game at No. 20 Soledad Street, Salinas City, Monterey County. These five Chinese were Lee Lung Kai, Chin Taw, Lee Poi, Lee Hing, and Toi Kai. They were gathered about a high table, and while engaged in gambling the codefendants On Git and Yee Yum entered the room, drew pistols and began shooting. As the result of the shooting Lee Lung Kai, Chin Taw, and Lee Poi were killed. Immediately after the codefendants On Git and Yee Yum quitted the premises a fourth Chinaman was killed in the street, but by whom it does not appear. The defendants Ho Kim You and Chew Bock Hue did not participate in the shooting, but were standing in or…