Wolff

—Upon a charge by information the defendant was convicted of the crime of murder of the first degree and thereupon sentence of death was imposed upon him. The appeal is from the judgment of conviction.

In support of his appeal he urges seven grounds. We will consider them in the order in which they are presented.

1. At the time the defendant was brought before the magistrate for the preliminary examination upon the charge it was suggested in his behalf that he was under the age of eighteen years at the time the crime was alleged to have been committed. The magistrate examinéd into the matter and determined that he was less than sixteen years of age at that time. Thereupon he suspended the proceedings and ordered the constable to take the defendant before the juvenile court of the county for its consideration under the juvenile court law. In the superior court, by direction of the court a petition was filed by the probation officer to bring the defendant within the terms of the probation law. (Section 3.) Thereupon the court took evidence relating to the character of the defendant and the nature of the crime charged against him, and made an order finding that he was under the age…