Ure

The defendant Herbert R. Ure has ap-

pealed from a judgment of conviction of murder in the first degree and from an order denying his motion for a new trial. The jury fixed the punishment at imprisonment in the state prison for life. Upon trial appellant did not deny that he had killed the deceased, but he interposed and relied upon the defense of insanity. He now seeks a reversal of the judgment upon three grounds, via., that the judgment is void; that the trial court erred in admitting in evidence a letter writen by appellant to the deceased on the day preceding the homicide, and that the evidence offered by appellant upon the trial was sufficient to establish the fact that he was insane at the time of the commission of the act and that therefore the verdict was contrary to the evidence.

The form of judgment complained of, after reciting that defendant had “been convicted of the crime of murder of the first degree by the verdict of a jury . . . and such jury by its verdict having fixed the punishment in the state prison for life,” orders, adjudges, and decrees that defendant “be confined and imprisoned in the state prison of the state of California, at San Quentin, California,…