Kahn

Defendant was charged with violating section 187, Penal Code, in that on or about June 17, 1960, he murdered William Baskin. A jury returned a verdict of first degree murder. A jury trial having been waived on the issue of punishment, the court determined that defendant should be imprisoned for life. He has appealed from the ensuing judgment.

Defendant’s sister, Sophia Kahn, became acquainted with Baskin in October, 1959. They were later engaged and planned to be married on January 17, 1960. Miss Kahn terminated her employment on December 17, 1959, in anticipation of their marriage. Her coworkers gave her a party and presents.

At approximately 4:30 in the morning on January 7, 1960, Baskin, accompanied by his son, called on Sophia at her home and told her that he was not going through with their contemplated marriage. She inquired as to the reason, and told him that all arrangements had been made for the wedding. He stated: “I am just not marrying anyone.”

Sophia was very much upset. She returned the presents with defendant’s help. She cancelled the wedding plans and requested her former employer to reinstate her, which he did. Sophia explained to defendant what had happened,…