Taminago

The appellant was tried under an information charging him with the murder of one Watanabe, was convicted of murder in the second degree, and was sentenced to imprisonment for twenty years. The appeal is from/ the judgment and sentence and from an order denying the appellant’s motion for a new trial.

Both Taminago and Watanabe were Japanese and were employed in the kitchen of a hospital in the city of Los Angeles Under circumstances which need not now be detailed the evidence shows, without dispute, that Taminago shot Watanabe to death at the place where they were employed.

In support of appellant’s motion for a new trial, which was made on the ground of newly discovered evidence, there was offered an affidavit made by two registered physicians of the state. The affidavit, which was uncontroverted, contained a lengthy statement of the symptoms and condition of Taminago, and also the following conclusions of the physicians: “We are unqualifiedly of the opinion that he is insane and has been so for more than a year last past. That he is suffering from a prolonged state of depression . . . and that he is in a condition of chrome melancholia and not responsible for his actions or…