GIBSON, C.J.
Defendant was charged by information with the murder of Melvin Tokus. A jury found him guilty of murder of the first degree and made no recommendation as to punishment. (See Pen. Code, § 190.) Defendant's plea of not guilty by reason of insanity was withdrawn, his motion for a new trial was denied, and the death penalty was imposed. This appeal is automatic under section 1239(b) of the Penal Code.
On the evening of October 7, 1949, defendant...
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