Gray

The defendant was convicted of murder in the first degree in the superior court of Sacramento County, upon an information filed by the district attorney of that county, charging him with the killing of Wong Koung, a Chinaman. His motion for a new trial was denied, and he was sentenced to suffer the penalty of death. From the judgment and from an order denying his motion for a new trial the defendant prosecutes this appeal.

The killing of deceased was done in the perpetration of the crime of robbery. There was no claim that the evidence was insufficient to justify the verdict. The only points made in behalf of the defendant on this appeal are as to alleged errors in the rulings of the trial court in reference to the admission and rejection of evidence. There was no eye-witness of the commission of the crime which resulted in the death of the deceased. The deceased, under a sense of impending death, gave to his friend Chin Coy and another Chinaman a partial description of his assailant, which, as testified to by Chin Coy, was as follows, viz.: A “nigger” man, big like Chin Coy, with a light hat and light sweater, a vest, and no coat. This was the extent of the description given by…