Antolin

The defendant was accused of having shot and killed one Eugenio Herrera and after a trial by a jury, was found guilty of manslaughter. A motion for a new trial based on the ground of newly discovered evidence was denied and from that order and from the judgment this appeal is taken.

The record contains the testimony of three eye-witnesses to the shooting and, as the trial court remarked in passing upon the motion for new trial, the evidence is overwhelming that the appellant actually shot and killed the deceased. The shooting occurred around 7:00 or 7:30 P. M. on May 8, 1932, in a Mexican camp on a ranch in Orange County. In addition to the evidence of the eye-witnesses who saw the shots fired by the appellant, the prosecution introduced the following evidence relating to the gun used and what became of it. The foreman of the ranch testified that on the afternoon preceding the shooting, at about 3:30 P. M., he was in a house in the camp occupied by Joe Chacon, situated a short distance from the scene of the shooting, and there saw a belt and holster with a pistol in the holster and bullets in the belt; that very shortly after the shooting he went into this house to see if the gun…