Russo

Appellant was found guilty of murder in the first degree, and in accordance with the recommendation of the jury was sentenced to imprisonment for life in the state prison. From the judgment of conviction and the order denying his motion for a new trial he prosecutes this appeal, the main contention made being that the evidence at most establishes only the crime of manslaughter; that the verdict of first degree murder was the product of 'an undue prejudice created against him by certain evidence about which he admits no complaint was made during the trial, but which he now claims was inadmissible, and by the emphasis placed on such evidence by the district attorney in his argument to the jury; and he asks, therefore, that the judgment of conviction be modified by reducing the crime of which he was convicted to manslaughter or that said judgment be reversed and he be granted a new trial. The trial judge, after having given careful consideration to the same contention in hearing the motion for new trial, determined that the verdict of the jury should be allowed to stand, and from our examination of the entire record we find nothing therein to prove that the conclusion reached by the…