Escobedo

By indictment Raymond Escobedo was charged with the crime of murder in violation of section 187 of the Penal Code. In a jury trial he was found guilty of manslaughter in violation of section 192, subdivision 1, of the Penal Code. He was sentenced to state prison. He appeals from the judgment. His notice of appeal also states that he appeals from the verdict, the order denying his motion for a new trial, and the order denying probation. Since the verdict and the two orders last mentioned are not appealable, the purported appeals therefrom will be dismissed.

Appellant contends that the court erred in receiving in evidence the taped admissions or confessions, the broken knife, and the scabbard; that the deputy district attorneys were guilty of misconduct, and that the evidence was insufficient to support the verdict.

On August 6, 1965, about midnight, David Ledesma and Castulo Hernandez (known as “Whedo”) were fighting in the front yard at the home of Charlene Triplett in Santa Maria, and at that time the defendant Escobedo was also in the yard. During the fight Ledesma was shot in the stomach. Miss Triplett testified that while those persons were in the yard she saw a knife in the…