People v. Mar Fow

The defendant was convicted of murder in the first degree and sentenced to imprisonment for life, and appeals from the judgment and from an order denying Ms motion for a new trial.

The only point seriously urged for a reversal of the case is that the evidence is insufficient to establish, so as to justify the verdict of the jury, either that the defendant killed the deceased or aided and abetted in said killing.

The person billed was of CMnese nationality as is also the defendant and two other persons who with the defendant pursued the deceased across a public street in the city of Oakland, firing revolvers at him, as the result of which attack he died. Four gunshot wounds were inflicted upon the deceased, of which three with thirty-eight caliber and one with a thirty-two caliber bullet. One of the thirty-eight caliber bullet wounds was necessarily fatal, and the wound made by the thirty-two caliber pistol, although serious, was not necessarily a fatal wound. The defendant, pursued and apprehended immediately after the killing, had on his person a thirty-two caliber pistol, of which at least one of its charges had been fired. The appellant’s argument is that since the fatal…