People v. Valencia

—Defendant was convicted after trial by jury of murder in the second degree. This appeal is from the judgment and order denying his motion for a new trial. There is also a purported appeal from the sentence.

Viewing the evidence most favorable to the prosecution [People v. Dukes, 90 Cal. App. 657, 658 [266 Pac. 558]), the facts in the instant case are:

May 6, 1938, defendant went to the home of Mr. and Mrs. Fortalesa. He knocked at the front door, which was open, whereupon Mrs. Fortalesa told her husband that defendant was at the door. Thereafter defendant shot Mr. Fortalesa, who died as a…