People v. Matta

Opinion

BROWN (G. A.), P. J.

Appellant was convicted by a jury of second degree murder in violation of Penal Code section 187. He was denied probation and sentenced to state prison for the term prescribed by law. He was acquitted of a charge of assault with force likely to produce great bodily harm (Pen. Code, § 245), which charge had been consolidated with the murder charge for trial.

The victim, John Fetzer, was taken to the hospital on March 19, 1974, and died there on April 30, 1974. The immediate cause of death was pneumonia which began to develop on April 27-28.

On March 4, 1974, John…