Brown

The defendant appeals from the judgment of conviction and an order denying his motion for a new trial.

He was informed against by the district attorney of Fresno county for the crime of murder and found guilty of man slaughter. In support of his plea of not guilty the defendant attempted to prove that the homicide was committed by him in self-defense.

The defendant, on the twenty-fifth day of February, 1910, was employed as a porter in the Palace saloon at Coalinga, Fresno county. The defendant’s statement of the incidents leading up to the shooting was, substantially, that at about 11 o’clock on the morning of the day just mentioned the deceased, William Miller, very drunk and quarrelsome, entered the saloon where defendant was employed, and, without any real or apparent provocation, commenced in vulgar and vile language to abuse and ridicule the defendant. This conduct continued almost without interruption, and with scarcely a word of protest from the defendant, until the noon hour, when the defendant went to his lunch. He returned to his work behind the bar about 3 o’clock in the afternoon of the same day. Miller also returned to the saloon about this time and renewed his…