Dale

The defendant was accused by information filed by the district attorney of San Joaquin County of the crime of murder. To this charge he pleaded not guilty and not guilty by reason of insanity. The jury found him guilty of murder in the first degree, without recommendation, and sane. Prom the judgment and from an order denying his motion for a new trial, the defendant prosecutes this appeal.

The contentions advanced by appellant are as follows: (1) That the record is insufficient to prove that the killing was wilful, deliberate and premeditated; (2) that the district attorney was guilty of misconduct; (3) that the deputy sheriff submitted misleading statements to newspapers to such an extent that it was impossible to have a fair and impartial trial, and (4) that appellant’s mental condition is such that this court ought to modify the judgment. We shall dispose of the contentions in the foregoing order.

We are unable to agree with ap¡oellant that the evidence is insufficient to justify a verdict of murder in the first degree. Without reciting all of the details, it appears that appellant was a well-known nomad who, from his proclivity for riding freight trains from coast to coast,…