People v. Smitherman

In an information filed in the Superior Court of Los Angeles County appellant was charged in one count with murder and in a second count with the commission of an abortion. After a plea of not guilty appellant was tried by the court sitting without a jury and found guilty on both counts as charged. The trial court found the crime charged in the first count to be murder in the second degree. Appellant’s motion for a new trial was denied. At the time of the pronouncement of the judgment; appellant gave oral notice of appeal; and it may therefore be assumed, in the absence of anything in the…