Perry

Defendant was informed against for the crime of murder and was found guilty by the jury and was sentenced by the court to imprisonment in the state penitentiary for the period of his natural life. He appeals from the judgment of conviction. The transcript was filed July 26, 1916. Defendant’s attorneys have filed no brief or points and authorities. The case was placed upon the January calendar and, there being no appearance for defendant, on motion of the attorney-general the case was submitted on the record. We have examined the evidence and are satisfied that it was sufficient to justify the verdict.

The homicide occurred at the Feather River Inn, Plumas County, on the night of May 8, 1916. Deceased, James Harrigan, was occupying a tent about fifty feet from another tent occupied by witness Rorabaugh. Witness Rorabaugh testified that during the night of May 8th, at about 1:20 A. M., he was awakened by loud talking and quarreling going on at Harrigan's tent; that he recognized the voice of the man other than Harrigan’s as that of defendant, Perry. He was asked what was said and what they were quarreling about. “A. Well, they started in—I heard Harrigan say, ‘Get away from here…