Darling

Defendant was found guilty by a jury of first degree murder of Alex T. Malcomson. The penalty was fixed at death and the jury further found that the defendant was sane at the time the crime was committed. Defendant’s motion for a new trial was thereafter denied. From the ensuing judg *17 ment this appeal is automatic pursuant to the provisions of section 1239, subdivision (b) of the Penal Code.

Notwithstanding defendant’s protestations in communications addressed to this court that he received a fair trial, was guilty of the offense charged against him and wanted no review whatsoever of his conviction, this court nevertheless, in conformity with the purpose and intent of the aforesaid section, appointed Edward T. Mancuso, Public Defender of the City and County of San Francisco, whose office represented defendant at his trial, to also represent the latter on this automatic appeal, and appointed counsel has filed briefs and orally argued the cause before us.

As to the factual background surrounding this prosecution, the record reveals that defendant arrived in San Francisco from Seattle in possession of a pilot’s license, wallet, credit and identification cards and blank checks…