COUGHLIN, J.
The defendant was indicted and tried by a jury for the offense of murder (Pen. Code, § 187); was convicted of murder in the first degree (Pen. Code, § 189); punishment was fixed at life imprisonment; was sentenced to imprisonment in the state prison; moved for a new trial which was denied; and appeals from the judgment entered and the order denying such motion.
The issues on appeal arise from the contentions of the defendant that:
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