Bruno

In this case appellant was convicted of murder in the second degree, upon an information charging him with murder. He was tried by the court, having waived trial by jury. From the judgment of the court and from the order refusing a new trial he appeals.

The killing, which was admitted, is claimed to have been done in self-defense. The facts of the ease are that appellant shot and killed Manuel Herrerra on the first day of January, 1930, at about 1:30 o’clock in the morning. Due to appellant’s claim that the evidence conclusively shows that the killing was in self-defense, we will give a somewhat extended statement of the salient facts.

Connie Herrerra, daughter of the deceased, testified that she saw the appellant at about 8 o’clock on the evening of December 31, 1929, at her home on Bartlett Street, Los Angeles, she and her father being present and her uncle having just left as appellant came in; that she had been invited to a dance that evening at her grandmother’s; that appellant asked her if he could be invited to the party; that he also asked her if he could take her to the dance, and that her father replied that he could not. After further conversation with appellant the…