People v. Wilhelm

THE COURT. This is an automatic appeal under Penal Code, section 1239, after conviction upon the charge of murder in the first degree, and the imposition of the death penalty. Defendant was also charged in a second count with having committed a robbery upon the same victim on the same date. This count was later dismissed.

After the entry of the plea of guilty the trial court took evidence to determine the degree of the crime, and among [568]other things, the transcript of the preliminary examination of defendant was received in evidence by stipulation, to be used by the court in arriving at its decision.

The only contention of defendant upon this appeal is that the court was not justified in holding the crime to be murder in the first degree, with the death penalty pronounced thereon.

It appeared that the deceased, Jesus A. Tomaya, a Filipino, employed as a servant in a private home, met his death on November 23, 1936, in an apartment house located at 240 South Figueroa Street, in the city of Los Angeles. On this day deceased left his place of employment at about 13.30 A. M., it being his day off. He was wearing a diamond ring and also had on his person a watch and chain and another ring. His employer testified that she gave him a five dollar bill before he left. He proceeded to the apartment house above mentioned, whereat defendant was living with two other Filipinos named Emilio Ramos and Francisco de la Cruz, respectively. Defendant was a half-breed Filipino. The apartment was located on the ground floor of the building and consisted of a living room with a folding bed and a couch, a bathroom and kitchen. When deceased arrived at the apartment defendant and de la Cruz were still in bed. Defendant thereupon admitted deceased to the apartment and began dressing himself. Ramos, the other room-mate of defendant had left very early in the morning to go to his work and consequently was not present when deceased arrived. De la Cruz awakened about 11:30 or thereabouts and found Tomaya and defendant engaged in a friendly conversation. De la Cruz had not met Tomaya before and soon after awakening, he dressed and left the apartment. He testified that he heard Tomaya talking about either his diamond ring or another ring he had on as costing some $85, and that during the conversation between Tomaya and defendant they were smiling and very friendly toward one another; that when he left they were talking about going to a show. It appeared that about 3 P. M., on the same day defendant came out of the apartment and stated to the manager, “If anyone calls me, tell them I don’t live here any more.” After leaving the apartment house defendant pawned a diamond ring and received $10 for it. Ramos returned to the apartment about