65 Cal. 613 | Cal. | 1884
The defendant, who was convicted of the crime of murder in the first degree, and adjudged to suffer death, brings this appeal from the judgment, and from an order refusing him a new trial. The points he makes we have considered with
There was no error in permitting the witness Lees, in testifying to the statments made by defendant, to refresh his memory from written memoranda made, by him at the time the statements were made. (People v. Cotta, 49 Cal. 170.)
Nor did the court below err in denying defendant’s motion to set aside the information. There are but two statutory grounds for a motion of that character. The first is, that before the filing of the information the defendant was not legally committed by a magistrate, and the second, that the information is not subscribed by the district attorney of the county. (Pen. Code, § 995.) The motion in the present case was made on the first of these grounds, and it is contended that it should have
It is claimed for the appellant that there was an inconsistency in the charge of the court with respect to circumstantial evidence; but an attentive reading of the charge fails to disclose to us any such inconsistency. The jury was fairly and fully instructed on the point. There was ample evidence to justify the verdict.
Judgment'and order affirmed.
McKinstry, J., and McKee, J., concurred
Hearing in Bank denied.