Joven

Upon a trial by jury, the defendant was convicted of murder in the first degree without recommendation. A new trial was not requested, and the appeal is automatic under the provisions of section 1239 of the Penal Code.

The single point raised on the appeal is that the cross-examination of the appellant was unfair because it tended to show the commission of crimes other than that charged in the information. The state’s evidence is clear. On at least three separate occasions the appellant made a complete confession. He admitted the killing in his testimony before the jury, but claimed that it was done in self-defense. The undisputed evidence is that at about 10:30 P. M. he entered a restaurant in Mountain View operated by the deceased, ordered a meal, and, while the deceased was preparing the meal, the appellant entered the kitchen and beat the deceased upon the head with a piece of iron pipe about ten inches long and about three-quarters of an inch thick. He then broke open the cash drawer, disposed of his weapon, and was found about three hours later in the kitchen of his home in San Mateo endeavoring to wash blood from his shoes and clothing. The autopsy showed four fractures of…