Dad

People v. Dad

Good Law
1921 Cal. App. LEXIS 635·51 Cal. App. 182·196 P. 506
Court of Appeal of CaliforniaJanuary 26, 1921Crim. No. 537.California2,105 words

Opinion

Lead Opinion

Burnett, J.

From the judgment following the verdict of conviction of murder in the first degree, with penalty fixed at life imprisonment, and from the order denying his motion for a new trial, defendant brings this appeal. It is not disputed that at the time and place alleged in the indictment defendant shot to death two of his countrymen, including one Said Achmed, whose murder was charged in the present proceeding. There can be no doubt that the evidence is sufficient to support the verdict, and that the finding of the jury represents a fair and reasonable inference from the facts and circumstances that are disclosed by the record. Indeed, with commendable frankness counsel for appellant admit that “the evidence upon the vital points involved was necessarily conflicting, and there isn’t a particle of use of arguing the question as to whether or not the verdict is sustained by the evidence.” Whether the evidence “was necessarily conflicting,” we are not prepared to say, but we agree with the statement that it was and is sufficient to sustain the verdict, and since that admission has been made, we are relieved from the duty or necessity of reciting the details of the gruesome affair as it was…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.