Vicunia

The defendant in this case was

convicted of murder in the second degree and appeals from the judgment of conviction and the order denying his motion for new trial. The killing of the deceased, Santiago Puentes, by the defendant, was admitted by him, and briefly stated the evidence by the prosecution upon the trial of the case showed that in the morning of the 20th of September, 1929, two days before the deceased was slain by the defendant, he met the deceased’s wife near the station of the Pacific Electric Company at Los Nietos, where she was waiting to board a street-car for Los Angeles, and endeavored to induce her to enter his automobile, and proposed to her that- she go with him for the purpose of having illicit relations. He taunted her with the accusation that her husband was familiar with his, Yicunia’s wife, and when she refused to accede to his proposal he threatened her husband, stating that he hoped to deprive her of him and allow him to “roll in his own blood. ” On the evening of the Sunday following this threat by defendant to take the life of deceased while Mrs. Puentes was in her home she heard five shots fired in rapid succession, and looking out the front door of…