McCabe

Information filed by the district attorney of Los Angeles County charged defendant in the first count with the crime of murder and in the second count with the crime of attempted robbery. Defendant admitted prior conviction of a felony, to wit, robbery, for which he had been imprisoned and less than six months previously released on parole. After due proceedings, this cause came to trial and the jury thereafter returned two verdicts, one finding the defendant guilty of murder in the first degree and the other finding him guilty of attempted robbery. Judgments of conviction followed, imposing the death penalty, and from said judgments and the order denying his motion for a new trial, defendant now prosecutes this appeal.

The record leaves not the slightest doubt concerning the guilt of appellant. It appears that Plenry P. Miller, for many years night clerk at the University club of Los Angeles, came on duty about 11 o’clock P. M. of June 15, 1930. At about 12:35 A. M., the following morning, appellant, armed with a loaded revolver, entered the lobby for the purpose of committing a robbery. Said clerk was seated in his office facing the lobby. Appellant approached and handed him a…