Spencer

Convicted of murder of the first degree, with the penalty fixed by the jury at imprisonment for life (Pen. Code, see. 190), the defendant has appealed to this court from the judgment of conviction. The defendant did not move for a new trial.

The assault upon the verdict is predicated upon the following grounds, generally stated: First. That the evidence wholly failed to establish the corpus delicti. Second. That hearsay evidence prejudicial to the rights of the accused was, over objection by the latter, admitted. Third. That “a certain demonstration was carried out by the prosecuting officers during the trial” to the manifest detriment of the rights of the defendant. Fourth. That the people were allowed to impeach one of their own witnesses “without having first laid the foundation for the same.”

The conviction of the defendant was obtained entirely by means of circumstantial evidence and the circumstances brought before the jury for the purpose of bringing home to the defendant the commission of the alleged crime were multifarious. A consideration of the errors assigned by the defendant will require an extended examination and review of the evidence herein for the purpose of…