People v. Ah Lee Doon

The defendant, on the second day of December, 1890, shot and killed William N. Shenton, at the town of San Rafael, in Marin County. On the 29th of December, 1890, F. M. Angellotti, then district attorney of said county, filed in the superior court an information charging the defendant with the crime of murder, and also charging him with a prior conviction of murder in the first degree, which it was alleged had never been reversed, annulled, or set aside. On the same day, the defendant was arraigned before E. B. Mahon, then judge of the superior court of Marin, and was given time to plead until January 5,1891. On that day, F. M. Angellotti, who, as district attorney, had taken the dying declaration of Shenton, conducted the preliminary examination of defendant, and filed the information against him, having succeeded E. B. Mahon as judge of the superior court, and being disqualified to sit or act in the case (Code Civ. Proc., sec. 170, subd. 3), extended the defendant’s time to plead until January 10th, at which time D. J. Murphy, one of the judges of the superior court of San Francisco, being present and presiding, the defendant appeared with his counsel and entered his plea of not…