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The defendant pleaded guilty to the charge of murdering one Ella Straw, and the court fixed a day for the taking of evidence for the purpose of determining the degree of the crime. The defendant did not take the witness-stand either at his preliminary examination or at the hearing before the trial court to determine the degree of the crime to which he had pleaded guilty. There was no eyewitness to the crime. However, shortly after his arrest the defendant made an extended statement which was taken down by a shorthand reporter. In this statement, he admitted the killing of Ella Straw, and detailed the circumstances surrounding the commission of the crime. This statement is relied upon by the prosecution as evidence of defendant's guilt, and defendant also relies upon it as showing that he is guilty of murder in the second degree only, and that the trial court erroneously found him guilty of murder in the first degree and imposed upon him the death penalty.
From the statement of defendant, which was admitted in evidence against him without any serious objection on his part, it appears that the defendant, a man of forty-four years of age, was living with the deceased Ella Straw in the latter's home in San Diego. Mrs. Straw was at least 70 years of age, possibly a few years older. She had lived in San Diego for some years previous to meeting the defendant. Something like a year and a half before her death, Mrs. Straw became acquainted with the defendant, and notwithstanding the disparity in their ages, they began living together as husband and wife in the home of Mrs. Straw. They occupied the same room and slept together in the same bed, until a month before the death of Mrs. Straw. The defendant during this time went under the name of Thomas M. Jones, although subsequently he gave his true name as Tellie McQuate. Mrs. Straw owned her home and also three other houses which she rented, and supported herself from their rental. The defendant had no regular employment. In fact, during the time he lived with Mrs. Straw he followed no remunerative employment whatever. The only work he did was performed upon Mrs. Straw's property in repairing and painting some of the buildings thereon. Mrs. Straw supplied him with money to meet all his needs. In fact, she was more than liberal in providing the defendant with clothing and spending money. On the evening of October 8, 1933, which was Sunday evening, they attended a mission on Twelfth Street in the city of San Diego. On the way home from the meeting, they stopped at a market and made a few small purchases. After reaching home they had some sandwiches and drank some beer and then went to bed. At the market where they had stopped on their way home from the mission, the defendant had spoken
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