Weeks

Appellant was charged with the crime of murder in the first degree alleged to have been committed on the fifth day of October, 1929, in the county of Kern, state of California. He was charged with killing Isaac Ross, and went to trial upon his plea of not guilty. The jury returned a verdict finding him guilty as charged and fixed his punishment at confinement for life in the state penitentiary.

The evidence offered by the People shows that defendant and his family, consisting of himself, his wife and her brother, lived in a shack a short distance from the city of Bakersfield in Kern County. On the night of October 5, 1929, defendant, who was colored, with J. I. Puller, Henry C. Lerendo and another white man, were engaged in playing a game of stud poker at Weeks’ residence. Shortly after midnight another party arrived at the house. It was composed of Maceo Daniels, Arthur Humphreys and his wife, Walter Brite and a man named White. After the arrival of this party Joe Johnson and Isaac Ross reached the house. Both of these parties were colored.

Of the first party Daniels, Humphreys and Brite entered Weeks’ home and the first two joined the poker game, taking the place of two of the…