People v. Lee Nam Chin

LORIGAN, J.

Appellant was convicted in the superior court of San Joaquin County of murder, sentenced to death, and from the. judgment and the order denying him a new trial appeals.

The deceased, Kim Yuen, and defendant, both Coreans, were employed on a potato ranch in San Joaquin County, managed by a Chinaman, and some serious difficulty, inaugurated by defendant, occurring between them, the manager discharged the deiendant. The next day—September 26, 1912—about noon, deceased and a number of Chinamen started in a wagon from the ranch to go to Walnut Grove, and the defendant accompanied them. After they had proceeded a short distance defendant left the wagon, claiming he had a headache which the riding aggravated, and that he would walk into town, a distance of about four miles. The others left him on the road and proceeded to Walnut Grove, from whence, about three o’clock, they started to return in the wagon to the ranch. While proceeding homeward two shots, one of which killed the deceased, were fired from a clump of bushes at the side of the road some seven or eight feet from the wagon, on the bed of which deceased was seated. Two of the Chinamen who were riding in the wagon with the deceased when the shots were fired testified that defendant did the shooting.

There was evidence tending to show that about four o’clock in the afternoon not long after the shooting, defendant reached the Eagle Tree Ranch, not far from the scene of the shooting, and employed some men engaged in operating a dredger to take him across the river in a boat to Tyler Island,

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where he remained until about six o’clock in the evening, when he walked into Walnut Grove. About ten o’clock that night he was arrested, while proceeding to take a river boat for Sacramento. It further appeared that the route taken by defendant to reach Walnut Grove was more indirect and roundabout than had he proceeded along the road taken by the wagon; the latter was much shorter than the one taken by him across the river and through the fields, and would have brought him into Walnut 'Grove several hours earlier then he arrived. Defendant, as a witness in his own behalf, denied that he killed the deceased, or had any knowledge of his death until he was arrested and charged with it in Walnut Grove; that after he left the wagon he continued along the road it had taken for some distance; that in looking back as he proceeded he recognized a Chinaman coming along who had worked with him on the potato ranch and had the reputation of being a dangerous man; that he was fearful this Chinaman might attempt to rob him, and hence he left the road and took his way across the river and through the fields; that it was a longer route to Walnut Grove than by the road, and as he had a headache and walked slowly, he did not reach the latter place earlier than six o’clock in the evening.