Caballero

The defendant was convicted of the crime of murder and sentenced to imprisonment for life. He appeals from the judgment and from an' order denying his motion for a new trial.

The court received in evidence the testimony óf one W. A. Wiedenheck, taken at the preliminary examination before the magistrate, it appearing that at the time of the trial' in the superior court Wiedenbeck was absent from the state of California, being at that time at Camp Lewis, Washington, in the service of the government of the United States. It was shown by this testimony that on the fourteenth day of March, 1914, Frank Yolney Johnston, the man alleged to have been killed at that time, was the manager of a store at Tecate, in San Diego County. The witness was assistant postmaster, and clerk in the store. A postoffice was located in the store. Between 8 o’clock and half-past 8 o’clock on the evening of that day, while Johnston was sitting in the postoffice and the witness was in the store, three men came to the door and one of them fired a shot at the witness. Two of these men threw down the witness and tied his arms behind him, while another ran over to the postoffice and “covered’-’ Johnston. When the…