Dawa

This appeal from a judgment imposing the extreme penalty comes before us pursuant to the provisions of section 1239 of the Penal Code, which section authorizes an “automatic” appeal in all death penalty cases. No brief has been filed on behalf of the defendant, though a “memorandum” has been filed by the attorney-general stating the general nature of the case. An examination of the entire transcript has failed to reveal anything of a prejudicial or reversible character.

It appears that the district attorney of Sacramento County filed an information charging the defendant with the murder of one Lim Ding, a Chinese, on April 19, 1939. Upon his arraignment the defendant entered the dual plea of not guilty and not guilty by reason of insanity. The trial on the general *394 issue was exceedingly brief. The defendant, following an unsuccessful attempt of his counsel to withdraw the “not guilty” plea, offered no evidence by way of explanation of or defense to the homicide charge. The evidence of the prosecution showed, in substance, that on the night of the homicide the defendant, a Filipino laborer of the age of 28 years, attended a Chinese social club or gambling establishment in the…