People v. Jo Fong

The appellants and one Fred Fong were jointly informed against by the district attorney of Yuba County, in the superior court of said county, for the crime of murder, alleged to have been committed on the thirtieth day of July, 1921, and were jointly tried under said information. At the conclusion of the talcing of the testimony on behalf of the people, the information, in so far as it concerned Fred Fong, was dismissed and said defendant discharged, The jury found each of the other defendants guilty of murder of the first degree, but in each case fixed the punishment at imprisonment in the state prison for life. (Sec. 190, Pen. Code.)

Each of the defendants appeals to this court from the judgment of conviction and the order denying him a new trial. All the appeals are based upon the same record, which appears here according to the alternative method.

The party whose life is alleged to have been unlawfully taken by the defendants was a Chinese by the name of Ng Shea Wah, also known as Sing Binney. The homicide occurred at the Chong Wo Company store on the northwest corner of First and C Streets, in the city of Marysville, near the hour of 10 o’clock P. M. of July 30, 1921. The…