People v. Albertson

Upon evidence entirely circumstantial a jury found defendant Oscar L. Albertson guilty of the crime of killing John Kmetz by means of poisoned vitamin capsules, and returned a verdict of murder in the first degree without recommendation. Motion for new trial was denied and a judgment imposing the death penalty is automatically before this court for review (Pen. Code, sec. 1239).

Ten assignments of error are argued in appellant’s opening brief, relating in the main to the sufficiency of the evi*553dence, rulings on admission of evidence, misconduct of the district attorney, and error in charging…