Martinez

The defendants-appellants, Frank Martinez and David Martinez, appeal from the judgments entered by the court, a jury trial having been waived. By an information filed on September 22, 1964, the defendants were charged by the District Attorney of the County of Fresno with murder in violation of section 187 of the Penal Code, assault by means of force likely to produce great bodily injury in violation of section 245 of the Penal Code, and conspiracy to commit the crime of disturbing the peace in violation of section 182 of the Penal Code. Both defendants were found guilty on all three charges. The degree of murder was fixed at first as to Prank, and second as to David. Probation was denied and each defendant was sentenced to the state prison for the term prescribed by law, the sentences for each count to run concurrently.

Defendants present three issues on this appeal. First, they contend that all statements and confessions were obtained from them in violation of their right to counsel and their right to remain silent and were improperly introduced in evidence. Second, they contend that testimony received from four witnesses was improper. Third, defendants contend that the evidence…