Bowers

The defendant' was convicted of ' the crime of murder in the first degree. The verdict of the jury fixed punishment at “imprisonment for life.” The judgment of the court followed in the terms prescribed by the law. The defendant thereafter appealed from the judgment and from an order made denying his motion for a new trial.

The indictment of the grant jury charged the defendant, together with Maybelle Roe, Edward F. Doane, and Julia Doane, with having oh the first day of September, 1920, with malice aforethought, killed and murdered one McCullough Graydon. The appellant here was separately tried. He complains of the insufficiency of the evidence and of certain alleged errors of law occurring in the course of the trial. In considering the claims of the defendant we will make a general statement of the evidence as the record discloses it, giving prominence to that offered by the prosecution for the reason that we have here nothing to do with the matter of reconciling a conflict, but must uphold the judgment if it appears that substantial evidence was introduced supporting the charge. The affray in which the defendant was engaged occurred at the seaside resort of Venice and was…