California Court of Appeal March 20, 1956, Crim. 3110 (People v. Martina)

BRAY, J.

Defendant appeals from a jury verdict judgment of conviction of murder in the second degree and from an order denying new trial.

Question’s Presented

1. Sufficiency of the evidence (a) that death was due to criminal means; (b) that defendant was the assailant.

2. Defendant acted while unconscious (a) as a matter of law; (b) instructions.

3. Alleged misconduct of district attorney.

4.