VAN DYKE, P.J.
This is an appeal from a judgment and from an order denying motion for a new trial in a case wherein appellant was convicted of murder in the first degree. Appellant was indicted by the grand jury of Sierra County, the indictment charging a violation of section 187 of the Penal Code in that "on or about the 15th day of August, 1958, in the County of Sierra, State of California, he did wilfully, unlawfully, feloniously and with malice aforethought murder...
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