People v. Dalton

The defendant was indicted and tried by a jury for the offense of murder (Pen. Code, § 187); was convicted of murder in the first degree (Pen. Code, § 189); punishment was fixed at life imprisonment; was sentenced to imprisonment in the state prison; moved for a new trial which was denied; and appeals from the judgment entered and the order denying such motion.

The issues on appeal arise from the contentions of the defendant that:

1. The evidence is insufficient to sustain the verdict of murder in the first degree;

2. The trial court erred in instructing the jury that murder which is committed…