Wilhelm

This is an automatic appeal under Penal Code, section 1239, after conviction upon the charge of murder in the first degree, and the imposition of the death penalty. Defendant was also charged in a second count with having committed a robbery upon the same victim on the same date. This count was later dismissed.

After the entry of the plea of guilty the trial court took evidence to determine the degree of the crime, and among *568 other things, the transcript of the preliminary examination of defendant was received in evidence by stipulation, to be used by the court in arriving at its decision.

The only contention of defendant upon this appeal is that the court was not justified in holding the crime to be murder in the first degree, with the death penalty pronounced thereon.

It appeared that the deceased, Jesus A. Tomaya, a Filipino, employed as a servant in a private home, met his death on November 23, 1936, in an apartment house located at 240 South Figueroa Street, in the city of Los Angeles. On this day deceased left his place of employment at about 13.30 A. M., it being his day off. He was wearing a diamond ring and also had on his person a watch and chain and another ring.…