People v. Johnston

Defendant appeals (Pen. Code, § 1239, par. (b)) from a judgment pursuant to a jury verdict which found him guilty of murder in the first degree and expressly fixed the penalty at death, and from an order denying his motion for new trial. He contends that the evidence shows only murder of the second degree and that this court should reduce the degree (Pen. Code, § 1260), or, in the alternative, that if the evidence be considered sufficient to show murder of the first degree then claimed prejudicial errors in the exclusion of evidence, comments of the trial judge, and the giving and refusal of…