Brown

Upon an information charging him with the crime of murder, defendant was convicted of murder in the second degree, followed by a judgment of imprisonment, from which he appeals.

It appears from the record that in the performance of their duty as officers of the United States immigration service, Alphonse G. Bernard and Henry Y. Hackett were, on the night of July 10-11, 1920, stationed at a point near Campo on the highway leading from Calexico to San Diego for the purpose of apprehending persons engaged in the unlawful transportation of liquor by automobile, the drivers of which they signaled to stop by the waving of flash-lights, with which both were equipped. At about 3 o’clock on the morning of the 11th of July, at which time Haekett’s position was on the north side of the highway and that of Bernard was on the south side at a point a short distance west of the former, an automobile driven by defendant approached from the east, going westerly toward San Diego. When first seen by them it was distant about one-fourth of a mile and was being operated at a speed of thirty to thirty "five miles per hour. By waving their flash-lights they signaled defendant as the driver thereof to…