McGuire

Defendant was charged with the murder of Max Krall by an information filed against him in the Superior Court of the County of Sacramento. He pleaded not guilty to the charge. A trial was had before á jury and resulted in a verdict of murder in the first degree. The jury by its verdict fixed no punishment for the crime. The court thereupon pronounced judgment of death upon defendant. No notice of appeal was given or filed by defendant from said judgment. The appeal is before us in pursuance oí section 1239 of the Penal Code providing for an automatic appeal in all cases where judgment for death is rendered.

No brief has been filed on behalf of defendant. The attorney-general has not deemed it necessary to file a brief, but has presented to the court a statement setting forth the salient facts of the case. Upon an examination of the record, we find this statement of the attorney-general to be correct. The facts in the case are simple. The defendant with a . companion, known only as George, on the evening of December 20, 1936, at about 6 o’clock, entered a storeroom situated at No. 1720 L Street in the City of Sacramento in which the deceased, Max Krall, and Mrs. Mina Hawky carried…