Jeter

Defendants Claude Leonard Jeter and Charles Joshua appeal from judgments of conviction of murder and robbery both in the first degree. A motion for a new trial was denied and the penalty as to each defendant was fixed at life imprisonment on the murder convictions. Defendants’ purported appeals from the order denying a new trial, which order is not appealable, are dismissed. (Pen. Code, § 1237.)

Defendants, together with James Evans and Mack Burton, were charged with several counts of armed robbery (Pen. Code, § 211) and with the murder of one Zethery Marshall (Pen. Code, § 187). Thereafter the charges against Evans were dismissed, and at the trial he was a witness for the prosecution. The original jury was unable to agree on a verdict and on retrial Burton was acquitted on all charges, while the instant defendants were found guilty of a single count of robbery in addition to murder.

On the afternoon of Thanksgiving Day, November 24, 1960, a group of - nine men including the decedent Marshall weré engaged in gambling at the apartment of J. B. Stephenson in downtown Los Angeles. The host acted as doorman, admitting only those persons xyho knocked on the kitchen door and were…

I would affirm the judgments in their entirety, to wit: finding defendants guilty (a) of robbery and (b) of murder. See the opinion prepared for the District Court of Appeal by Mr. Presiding Justice Shinn in People v. Jeter (Cal.App.) 31 Cal.Rptr. 197 .