Cabrera

In an information filed by the district attorney of San Bernardino County the defendant was charged with the murder of Alberta Smith. Defendant entered pleas of not guilty and not guilty by reason of insanity. The latter plea was subsequently withdrawn. At the conclusion of the trial the jury returned a verdict of murder of the first degree without recommendation. From a judgment imposing the extreme penalty and an order denying a new trial, this appeal is prosecuted.

The cause stands submitted on the transcript of the proceedings had in the court below and a memorandum filed *599 by the attorney-general. No briefs have been filed on behalf of the defendant.

Examination of the record discloses an unprovoked, premeditated homicide properly characterized by the jury as murder in the first degree. It appears that the defendant, 21 years of age, and the deceased, a girl 17 years of age, had been living together as husband and wife, though unmarried, for approximately fifteen months prior to the shooting. Quarrels had resulted in their separation shortly prior thereto. On the day preceding the shooting the defendant made arrangements to purchase a gun from a merchant dealing in such…