People v. Valencia (30 Cal. App. 2d 126, 1938)

Mo COMB, J.

—Defendant was convicted after trial by jury of murder in the second degree. This appeal is from the judgment and order denying his motion for a new trial. There is also a purported appeal from the sentence.

Viewing the evidence most favorable to the prosecution [People v. Dukes, 90 Cal. App. 657, 658 [266 Pac. 558]), the facts in the instant case are:

May 6, 1938, defendant went to the home of Mr. and Mrs. Fortalesa. He knocked at the front door, which was open, whereupon Mrs. Fortalesa told her husband that defendant was at the door. Thereafter defendant shot Mr. Fortalesa, who died as a result of the wounds.

Defendant relies for reversal of the judgment on the following propositions:

First: The trial court committed prejudicial error in sustaining objections to the following questions:

(a) “Q. Do you recall if any time in February or March or April that you and Mary were together and Mary told you that her husband was going to get Clemente?

“A. Yes.

“MR. FERGUSON: That is objected to. Incompetent, irrelevant, and immaterial, not tending to illustrate