Nielson

This is an appeal from a judgment of the Mendocino County Superior Court based upon a jury verdict finding appellant guilty of murder of the second degree, and from the order denying motion for new trial.

On November 30, 1959, appellant was residing in a trailer. The deceased, Lew Poster, accompanied by one Sally Brown, visited the trailer of a Mr. Richardson, which was located about 40 feet distant from that of appellant. Theretofore appellant and Sally Brown had lived together for several years without marrying, but recently she had left appellant and taken up with Poster who was separated from his wife and family. Poster, Sally and Richardson engaged in conversation and card playing. They drank several drinks of hard liquor. Appellant came to the Richardson trailer about 45 minutes after Poster and Sally had arrived. Upon entering the trailer he greeted the others amicably and the group talked and visited for a while, then appellant and Sally left the Richardson trailer, she having said something to him about taking her to his trailer. Appellant testified that she said she had a message from her children to give to him. Appellant told Foster they would return in a few minutes…