Orosco

Defendant was charged with the murder of one Nicolas Rios by shooting. He admitted the killing, but contended that the act was done in self-defense. He was convicted of murder in the second degree and appeals from the judgment of conviction.

The first point made by appellant for a reversal of the judgment is that the trial judge, in the presence of the jury and during the trial, referred to the killing of Rios as “the murder.” It is contended that the remark tended to prejudice • the rights of appellant in the minds of the jurors. The use of the word to which objection is made came about in this manner: Appellant’s counsel had offered evidence concerning an event which occurred after the shooting of Rios, whereupon the judge, without objection having been made by opposing counsel, asked the question: “What is the use of taking up time with an episode that happened after the murder?” In discussing the point thus presented by the record appellant cites a long.list of cases to the proposition that the presiding judge in a criminal ease should not, directly or indirectly, assume or hypothetically suggest the guilt of the defendant. Particular reliance is placed on People v. Williams,…