People v. Quan Gim Gow
Opinion
Lead Opinion
James, J.
Appellant herein was convicted of the crime of murder in the second degree. He appeals from the judgment and from an order denying his motion for a new trial.
The deceased was one of the proprietors of a store located in that portion of the city of Los Angeles called Chinatown. On the twenty-fifth day of May, 1912, appellant entered this store. The room was divided into two compartments, the one nearest the street being utilized for the sale of merchandise, while a curtained room in the rear was used for gambling purposes. It was in this rear room that the shots were fired which killed Chin Hoy Hing. The witnesses who furnished the testimony as to what occurred in the two rooms were Chinese and none of them testified to having seen the defendant fire the fatal shot. One of these witnesses testified that he sat in the outer room as a lookout to warn the gamesters of the approach of officers; that he did not see the defendant go into the gambling room, but saw him come out after having heard some shots fired; that the defendant ran out into the street, fired a shot at the building and then threw his gun away, when he proceeded up the street until he met the officers who arrested…