(Download) "People V. Patubo" by Supreme Court Of California In Bank * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Patubo
- Author : Supreme Court Of California In Bank
- Release Date : January 01, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
WASTE, C.J. Defendant Sencio Patubo, a 25-year-old Filipino, was charged by information with the murder in Monterey County on June 5, 1936, of David Dado, a Filipino, otherwise known as Big Boy. Defendant pleaded not guilty and went to trial. The jury returned a verdict of murder in the first degree, without recommendation, and judgment followed, imposing the death penalty. The case was brought to this court by the automatic appeal provision of section 1239 of the Penal Code. The appeal has, however, been briefed by both sides. Three contentions are advanced by appellant, i.e., (1) that the evidence does not support the verdict of murder in the first degree because there was no evidence of premeditation; (2) that an instruction was given which was not adapted to the evidence; and (3) that the trial judge exceeded the scope of proper judicial comment in that his remarks were argumentative and not impartial.