Woods

The appellant, jointly with five others, was indicted for the murder of Eugene C. Robinson, a police officer of San Francisco. Upon a separate, trial he was convicted of murder of the first degree and sentenced to death. His appeal is from the judgment and from an order denying his motion for a new trial.

The principal direct evidence against the appellant was the testimony of William Henderson, one of the six defendants charged with the murder, who stated that he, Goueher, Kauffman, Kennedy, Courtney, and the appellant had formed a plan to rob the safe at Cypress Lawn Cemetery; that they had provided themselves with burglars’ tools, dynamite, etc., for the purpose of breaking into the safe, and on the night of the 20th of January, 1902, had gone to Cypress Lawn, where, finding the place occupied and guarded, they had abandoned the enterprise and started back to the city about midnight. All but one of the. party were armed with pistols, that of appellant being of .44 caliber, the others smaller. Henderson, the witness, was carrying the tools and dynamite. In returning to the city they rode on electric ears to a point near the. junction of Mission and Valencia streets, where the…