People v. Lessard

A jury found defendant guilty of the first degree murder of Joseph Mazeski and fixed the penalty at death. Defendant admitted two prior felony convictions. The trial court denied defendant’s motion for a new trial and entered judgment on the verdict. The appeal from the judgment is automatic. (Pen. Code, § 1239, subd. (b).) Although the order denying the motion for a new trial is not appealable, we are nevertheless authorized to review the denial in this proceeding. (Pen. Code, § 1237, as amended Stats. 1961, ch. 850, § 5, p. 2229.)

With regard to the factual background surrounding this…