Connors

The information in this matter charged the defendant with the crime of murder, alleging that on the twenty-third day of November, 1931, the defendant killed one Betty Stryker. The defendant, at the time of the arraignment, pleaded guilty. At the time for pronouncement of judgment certain evidence consisting almost wholly of a statement by the defendant was introduced to determine the degree of the crime. The court found the crime to be that of murder in the first degree and the defendant was sentenced to life imprisonment. Prom this judgment and sentence the defendant appeals on the ground that the evidence is insufficient to show the crime to have been that of murder in the first degree. We are in accord with defendant’s contention.

Prom defendant’s statement given at the time of the pronouncement of judgment it appears that for a period of approximately one and one-half. years defendant and decedent had been living together in a state of illicit relationship. Defendant was employed at the race-track in Tijuana, living in San Diego with decedent. Prior to September, 1931, the defendant had been employed at the race-track at Tanforan. Returning to San Diego in the latter part of…