Shehadey

Defendant was convicted of murder in the first degree and was sentenced to imprisonment for life. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The points urged in the brief for'reversal of the judgment and order are: 1. That there was no sufficient foundation for the admission of the dying statement of deceased; 2. That if the dying statement of deceased can be considered, it is not supported by evidence sufficient to sustain a verdict of conviction ; 3. That there was nothing in the conduct of the de fendant, subsequent to the homicide, indicating guilt on his part; 4. That defendant established an alibi.

1. At the argument the point was made for the first time that the time appointed for pronouncing judgment was extended to a date unauthorized by section 1191 of the Penal Code, as amended in 1909, and hence, upon the authority of Rankin v. Stiperior Court, 157 Cal.-, [ 106 Pac. 718 ], the order denying defendant’s motion for a new trial must be reversed and a new trial ordered, as provided by section 1202, Penal Code, as amended in 1909. The verdict was rendered June 9,1909, and the court thereupon fixed Saturday, June 26,…