Ferugia

Appellant was charged with the crime of murder. He was convicted of murder of the second degree and from such judgment of conviction and from an order denying his motion for a new trial has appealed.

Appellant urges as his points on appeal: 1. Errors of the court in receiving evidence over the objection of defendant; and, 2. Errors of the court in the giving and refusing certain instructions. Under the first objection appellant contends that the court erred in admitting in evidence an extrajudicial statement made by him in the county jail following his arrest. The phonographic reporter who took defendant’s statement, which was made in response to questions propounded by the district attorney, was called as a witness and was asked in three preliminary questions whether promises or threats had been made to induce such statement, and whether it was voluntarily given, to which he answered that there were no promises or threats given or made, and that the statement was voluntary. The questions asked the reporter were in the usual form and were confined to what occurred in the witness’ presence. Objection was made that they called for the opinion and conclusion of the witness. The…