Bowers
People v. Bowers
Opinion
Lead Opinion
Hall, J.
Defendant was convicted of the crime of murder in the first degree for the killing of her husband, and was sentenced in accordance with the verdict to imprisonment for life. This is an appeal from the judgment and from the order denying her motion for a new trial.
The first point urged as ground for a reversal of the judgment and order is that the evidence was insufficient to sustain the verdict.
In cases where there is simply a conflict of evidence on the question as to whether or not the defendant is guilty, this court cannot interfere with the verdict of the jury and the determination of the trial court thereon on motion for a new trial. (People v. Buckley, 143 Cal. 375 , [ 77 Pac. 169 ]; People v. Fitzgerald, 138 Cal. 40 , [ 70 Pac. 1014 ]; People v. Donnolly, 143 Cal. 394 , [ 77 Pac. 177 ].)
In People v. Gonzales, 143 Cal. 605 , [ 77 Pac. 448 ], the rule is laid down thus: “This court cannot interfere with the verdict of a jury, nor with the action of the court below in refusing a new trial, on the ground that the evidence is insufficient to justify the verdict, unless there was such a lack of evidence as to satisfy us that the court below abused its discretion in denying…