Fredericks

The appellant, Fredericks, was charged with the murder of one Herrick. He was subsequently convicted and a judgment of death passed upon him by the trial court. He now appeals from such judgment and from the order denying his motion for a new trial. Upon the morning of March 23, 1894, during business hours, Fredericks, in attempting to rob a savings bank in the city of San Francisco, precipitated a combat with the employees, at which time the cashier, Herrick, was shot and killed. Fredericks immediately fled from the scene of his crime, but was hotly pursued and captured within a few hours. Upon March 28th he was preliminarily examined by a committing magistrate and committed for trial. Upon March 29th an information was filed against him, and upon March 30th he was arraigned and allowed until April 2d to plead to the information. At that time, upon refusing to plead, a plea of not guilty was entered in his behalf, and the case set for trial April 5th, at 10 a. m. Upon that day the trial proceeded. At each step in these proceedings the defendant asked for more time, and excepted to the vaious orders of the court denying his request.

While the period of time, to wit, three days…