Sam

An information was filed against this defendant charging him with murder. Upon arraignment he appeared without counsel. Thereafter counsel was appointed, and the arraignment for plea was, upon request, continued one week. Upon the day so fixed, defendant appeared with his counsel and entered a plea of guilty. The court thereafter fixed the time upon which judgment would be pronounced, and on that day and prior to the passing of sentence, witnesses were sworn and evidence introduced in order that the court might determine the degree of the crime. At the conclusion of the hearing, at which nine witnesses were called to testify, including the defendant, the court found the degree of the crime to be murder of the first degree and fixed the penalty at death.

The matter now comes automatically before this court on appeal under the provisions of section 1239 of the Penal Code. We have read the record and it appears that defendant, an American-born Chinese, had, some seven or eight years prior to the tragedy, married Violet Sam, a Chinese girl, and they became the parents of a boy, who was at the time of the trial about six years old.

' A few months prior to the homicide Violet Sam had…