EDMONDS, J.
A jury found William Rupp guilty of murder in the first degree, without recommendation, and concluded that he was sane at the time the crime was committed. His motion for a new trial was denied and the statutory appeal (Pen. Code, § 1239(b)) is from the judgment which imposes the death penalty.
Most of the evidence concerning the commission of the crime is without conflict. For about six months prior to August 8, 1952, the date Ruby Ann Payne...
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