People v. Stockton

Defendant was convicted of the crime of murder in the first degree and sentenced to imprisonment for life. He appeals from the judgment and from an order denying his motion for a new trial.

The defendant having had a quarrel with one Brown, purchased a revolver and went out to look for Brown, whom he found in a saloon in the city of Bakersfield. One Leland Mull was standing at the bar next to Brown. The defendant fired in their direction, intending to hit Brown, but instead thereof hit and killed Mull.

It is urged by defendant’s counsel in support of the appeal that the evidence in this case was not sufficient to warrant a conviction because (1) the defendant shot twice, while there is evidence that at least four shots were fired; (2) when he was shot the deceased fell in the direction opposite to that in which he would have fallen had the defendant fired the fatal shot. There is evidence from which the jury might have believed that at the time of the killing four shots were fired, but there is no testimony that at that time and place any shooting was done by any person other than the defendant. The evi dence clearly and convincingly tends to show that Mull was killed by the…