
7 Cal.2d 650 (1936)
THE PEOPLE, Respondent,
v.
NATIVIDAD VALENZUELA, Appellant.
Crim. No. 4027. 
Supreme Court of California. In Bank.  
November 10, 1936.
 Harry C. Westover for Appellant.
 U.S. Webb, Attorney-General, and Walter L. Bowers, Deputy Attorney- General, for Respondent.
 SEAWELL, J.
 The appellant, Natividad Valenzuela, was charged by an information filed against him in the county of Orange with having, on May 2, 1936, murdered Jovita Lopez Valenzuela, his wife. He entered the general plea of not guilty and also the plea of not guilty by reason of insanity. The jury returned a verdict of guilty of murder as charged in the information, without recommending life imprisonment, and the issue of insanity having been subsequently determined against him, the court pronounced the sentence of death upon the jury's said verdicts.
automobile which seemed to have been used by the brothers in accordance with some kind of an understanding between them, or were occasioned by the appellant's irritability as to the method in which the brother Narsario was performing the work in which both were engaged. The appellant was taken into custody by a peace officer, on one occasion, on complaint made by the father as the result of a difficulty in which several members of the family took part, but the complaint seems to have been withdrawn or dismissed. Proof of this class of independent acts, which were in no sense a part of the res gestae, was tendered in the main issue of not guilty to show, as appellant puts it, that he was subject to fits