SHENK, J.
This is an appeal from a judgment imposing the death penalty and from the order denying a motion for a new trial.
On August 30, 1951, the defendant, known as "Red," was in the county jail in Firebaugh because of intoxication. On September 1st he was released to work as a flagman at road construction. He worked during the morning. At noon and during the afternoon he drank some wine and beer. Later he consumed a small amount of food at a cafe and drank...
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