People v. Farolan

SEAWELL, J.

The defendant, a native of the Philippine Islands, and whose true name seems to be Santos Amigay, was charged by an information filed in the Superior Court of the County of Santa Clara with the crime of having on August 9, 1930, murdered one Damaso Mangna. The jury impaneled to try the case found him guilty of murder in the first degree, without making any recommendation as to penalty, and such a verdict carries with it, by operation of law, the imposition of the death penalty. He has appealed to this court from the judgment pronouncing the death penalty upon him, but his counsel has filed no brief in his behalf. We have, nevertheless, made thorough examination of the record, including the transcript of testimony, without receiving any suggestion of aid from counsel as to whether or not defendant had suffered any material injury or the denial of any right which the law

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guarantees to persons charged with crime. The defendant being unable to provide himself with counsel, the court appointed one to defend him. Under the rule we would be justified in dismissing the appeal without examination into the record, but by reason of the fact that the extreme penalty of the law was imposed upon the defendant, we have felt constrained to go fully into the merits of the trial. The same jury which found the defendant guilty of first degree murder disagreed as to the issue of insanity interposed by him and another jury impaneled to try said issue of insanity found against defendant on his said plea of insanity at the time the homicide was committed.

The defendant and six or seven of his countrymen were engaged approximately two weeks before the homicide was committed in picking prunes and tomatoes on a ranch owned by one Silacei. The defendant, the deceased and several other Filipinos lived in a small primitive building on said premises which comprised a kitchen, dining-room and at least two sleeping rooms. The homicide was committed approximately at 6 o’clock P. M., Saturday, August 9, 1930, the pickers having quit work at 5 o’clock P. M. on that day. Vidal Contarno, Santiago Cabanis, Victor Parolan, the defendant, and the deceased immediately at the close of their labor returned to their living quarters. Others went to town and did not return until shortly after the homicide. Contarno, Cabanis and the defendant sat down at the dinner table a little before 6 o’clock, while the deceased went into the kitchen and took a bath. He and the defendant were apparently not on friendly terms. Upon finishing his bath, the deceased, clad in his underclothing, walked from the kitchen through the dining-room into his bedroom. As he passed through the dining-room Santiago Cabanis asked or invited him to sit down and join them at the table. The deceased replied that he would as soon as he could dress. The defendant was silent during the time he was at the table. Soon after the deceased passed to his room, the defendant left the dining-room and went to his own room, which was located adjacent to the decedent’s room. An open door space not furnished with a door connected the two rooms. Very shortly after the defendant left the dining-room, a shot was heard by Contarno and Cabanis, who proceeded to the room occupied by the deceased. He was found seated on a cot leaning