Deckert

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

Because of the fact that no claim is made by appellant that the evidence was insufficient to support the verdict, it becomes unnecessary to make a statement of what was shown by the evidence produced by the prosecution other than so much thereof as may be pertinent to illustrate such points as are raised by appellant as grounds for a reversal of the judgment.

Appellant’s first specification of prejudicial error alleged by him to have been committed by the trial court is that, over the objection of defendant, the district attorney was permitted to refresh the memory of a certain witness introduced by the prosecution as to conversation had in his presence with defendant, by reading into the record from a transcript of stenographic notes which were taken by a stenographer who was present at the time such statements were made.

Section 2047 of the Code of Civil Procedure provides that a witness may be “allowed to refresh his memory respect ing a fact, by anything written by himself, or under his direction, at the time…