People v. Lim Foon

The defendant was convicted in the superior court of San Joaquin County of the crime of murder of the first degree, the jury fixing the penalty at imprisonment for life. (Pen. Code, sec. 190.)

This appeal is prosecuted by the defencjjant from the judgment and the order ‘denying him a new trial.

The homicide occurred in the Chinese quarters of the city of Stockton, on the seventh day of March, 1915, and the party killed was an aged Chinese by the name of Tip Suey.

There is testimony showing that the shooting resulting in the killing of Tip Suey took place a short time after the noon hour of the day mentioned; that it was witnessed by several white-men and a number of Chinese; that two Chinamen, the defendant and another, the latter not having been captured, simultaneously shot into the body of the deceased, one of the Chinamen so shooting being approximately on the right and the other likewise on the left side of their victim; that, after the shooting, both the Chinese engaged in the shooting ran from the scene thereof, the defendant going in a southerly direction and throwing the pistol with which he did the shooting on the sidewalk or street as he ran, and the other going…