Magsaysay

Appellant was accused of the crime of murder. He claimed to have killed the deceased in self- defense. The jury refused to accept his plea, and returned a verdict finding him guilty of murder in the first degree, without recommendation. A motion for new trial was made and denied, and appellant was sentenced to pay the extreme penalty. He has appealed from the judgment of conviction and from the order denying his motion.

The judgment and order must be affirmed, and upon the following grounds: The information charging that appellant “murdered” the decedent was sufficient. (People v. Coem, 205 Cal. 596, 603 [ 271 Pac. 1074 ].) It states the offense in ordinary and concise language and is in the short form prescribed by the legislature. (Pen. Code, sec. 949 et seq.)

It was not error to admit in evidence the photographs showing the exact condition of the body of the dead man at the time it was found. (People v. Gomez, 209 Cal. 296 [ 286 Pac. 998 ].) But little use seems to have been made of them. The autopsy surgeon testified that one of them showed the condition of the body on which he performed the autopsy. Other than the evidences of decay caused by the body having been buried for…