Golsh

Defendant was convicted of murder in the first degree, the jury fixed his punishment at life imprisonment, he was sentenced accordingly, and he now appeals from the judgment and from the order denying his motion for a new trial.

Appellant’s first point is that the evidence shows that the slaying, which was admitted, was committed upon a sudden quarrel and in the heat of passion, and that therefore it was at most but manslaughter and was lacking in the elements from which malice may be presumed. The testimony, as is usual in such cases, was more or less contradictory, and it only need • be said that there was evi dence which, if credited by the jury, demanded from them the verdict rendered. Appellant’s counsel insists that the version of the homicide as given by certain of the people’s witnesses was improbable and in contradiction of other testimony in the record. A consideration of all of the evidence shows that the facts as described by these witnesses were not inherently impossible. The jurors were the sole judges of the degree of credit to be given the testimony. [1] It was not necessary that there should be express evidence of a deliberate purpose to kill. It may be inferred…