Mooney

The defendant, Thomas J. Mooney, was convicted of the crime of murder in the first degree, the jury fixing the death penalty as punishment for said crime. After denial of his motion for a new trial by the trial judge the defendant was sentenced to be hanged. This appeal is from the judgment and from the order denying Ms motion for a new trial.

On July 22, 1916, a preparedness parade was in progress in San Francisco, thousands of patriotic citizens being participants therein. During its progress and while a portion of the parade was passing the corner of Steuart and Market streets a bomb was exploded, killing a number of people and wounding many more. One of the victims was Hetta Knapp, and the defendant was indicted for and convicted of her. murder. Other persons were also charged with these murders and one,. Warren K. Billings, was convicted, prior to the trial of defendant Mooney. On appeal to the district court of appeal his conviction was affirmed and he is now undergoing life imprisonment. (People v. Billings, 34 Cal. App. 549 , [ 168 Pac. 396 ].)

Pending this appeal a motion was made which purported to be a motion for a reversal. TMs motion was based not upon the merits…