People v. Jackson

The defendant, appellant herein, shot and killed his mother-in-law; shot his wife; was tried by a jury for and convicted of the offenses of murder in the first degree and assault with a deadly weapon with intent to commit murder, after the return of an indictment charging him with these offenses; made a motion for a new trial, which was denied; and, by a judgment, following a further jury verdict fixing the murder penalty at life imprisonment, was sentenced to imprisonment in the state prison. From the judgment, sentence and order denying his motion for a new trial he appeals.

An appeal does not lie from a sentence (People v. Millum,, 42 Cal.2d 524, 525 [ 267 P.2d 1039 ]), and the attempted appeal therefrom should be dismissed.

In appellant’s opening brief herein it is stated: “There can be no doubt that the evidence overwhelmingly shows defendant to be a murderer.” We have reviewed the record and are in complete agreement with this conclusion. The evidence leaves no doubt respecting its sufficiency to sustain the conviction of murder in the first degree and assault with a deadly weapon with intent to commit murder. Nevertheless, it is contended that the judgment should be…