Calderon

The defendant was charged with the murder of Rodolfo Saenz, i.e., a violation of section 187 of the Penal Code; pleaded not guilty and not guilty by reason of insanity; was tried by a jury; was convicted of murder in the second degree; withdrew his plea of not guilty by reason of insanity; moved for a new trial, which was denied; was sentenced to imprisonment in the State prison; and appeals from the judgment entered.

The defendant and Susanna Martinez lived together for 15 years, and had 10 children. They did not have a ceremonial marriage; commenced their relationship in Texas, where they lived for five years; then moved to California where they continued their relationship until September 1959, when Susanna withdrew from the house in which they had been living and took up her abode elsewhere. In December of that year she became pregnant by Rodolfo Saenz. The defendant first learned of this fact in March 1960; became angry and threatened her; but continued to visit at her home until sometime in June. In July, the defendant called Susanna on the telephone from San Jose and threatened to “get” her and Saenz, but she did not see him thereafter until July 23d, when he came to her…