Wallace

By indictment the defendants, George Wallace, H. G. Smith and Alfred Paine, were charged with the murder, on August 11, 1935, of E. G. Fish, chief of police of North Sacramento. Wallace- was convicted of second degree murder and has not appealed. Smith and Paine, who were convicted of first degree murder and sentenced to suffer the penalty of death, have appealed from an order denying their motion for a change of venue, from the judgment of conviction, and from an order denying their motion for a new trial..

No contention is made that the evidence is insufficient to support the verdict. The only points urged by the appellants are first, that the court erred to their prejudice in denying their application for a change of place of trial, and, second, that the court prejudicially erred in denying a challenge for cause of a prospective juror.

On August 10, 1935, the defendants left Oakland by automobile owned by Wallace, bound for the location of a mining claim in the vicinity of Allegheny in northern California. In the automobile they had their camping equipment and tools, including a pinch bar. Paine had a pistol which he placed in the pocket of the front door of the car. As they…