People v. Wong Don Kay

In an information filed by the district attorney of Placer County defendant was charged in separate counts with the murder of two Chinese. It was also charged that he had suffered two prior convictions. When arraigned defendant admitted the prior convictions and entered pleas of guilty to the homicides. After taking evidence addressed to the degree of the murders, the court below found them to be of the first degree, and thereupon entered judgment and sentence of death. This appeal comes before us pursuant to the provisions of section 1239 of the Penal Code.

At the hearing to determine the degree of the homicides defendant, with others, took the witness stand. He freely admitted having shot his victims, but in attempted justification thereof testified that they had borrowed money from him aggregating $35 and $28, respectively, and had refused to repay him;-that they had tried to make him gamble and otherwise had harassed him, knowing that he was on parole and assertedly unable to appeal to the authorities. *639 He further testified that they had beat and robbed him, inflicting injuries which confined him to the hospital for several days. It is significant, however, that at the…