People v. Osborn

Defendant was charged with the murder of Ejnar Thorwald Asmussen, which murder was alleged to have occurred in Fresno County on or about April 10, 1950. He pleaded not guilty and admitted a prior felony conviction in Washington of second degree assault. Upon a trial by jury, defendant was found guilty of first degree murder without recommendation. No motion for new trial was made and judgment was entered imposing the extreme penalty. This is an automatic appeal from such judgment. (Pen. Code, § 1239(b).)

Appellant contends that (1) the evidence was insufficient to sustain the judgment; (2) the…