People v. Murphy

Defendant was accused of the crime of murder, the alleged victim being one Amos Hardy. The jury brought in a verdict of guilty of manslaughter and the court sentenced him to imprisonment at Folsom for the period of six years. Defendant appeals from the judgment and from the order denying his motion for a new trial.

The only point urged on appeal is that the evidence was insufficient to justify the verdict.

There was evidence tending to show the following facts: One McAndrews was at the time of the homicide the proprietor of a saloon in the city of Stockton; defendant and two other men—a man by the name of Curley and another by the name of Kane—came into McAndrews’s saloon about 9 o’clock at night, both defendant and Curley somewhat intoxicated; at this time McAndrews, deceased, Hardy, and two other men were engaged in a game of cards in the room not far from the bar; defendant and his party had a drink at the bar after which defendant went to the table where the card game was going on and offered to shake hands with McAndrews between whom and himself there had been some previous disagreement; McAndrews repulsed defendant’s offer and directed his bartender, Mello, not to serve…