Denman

The defendant was convicted in the superior court of Los Angeles County of the crime of murder • in the first degree, and adjudged to suffer death. He appeals from the judgment.

No claim is made that the evidence was in any way insufficient to support the verdict. The deceased was shot to death by the defendant on- a public street in the city of Los Angeles. The theory of the prosecution, amply sustained by the evidence, was that the killing was done in the perpetration of a robbery of the deceased by defendant and two companions. The defense was insanity. The defendant was most ably defended, and apparently was accorded every substantial right. The suggestions of error in the proceedings are very few, considering the length of the trial, and we find nothing of substance in any of them.

We regard it as settled law in this jurisdiction that one who kills another in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is- guilty of murder of the first degree by force of the provision of section 189 of the Penal Code, altogether regardless of any question whether the killing was intentional or unintentional. As said in one of the cases: “Nor is it of…