Wilson

The defendant having been convicted of the crime of manslaughter, appeals from the judgment and from an order denying his motion for a new trial."

The information in this case charged the defendant with the crime of murder committed on the twenty-second day of October, 1912, in the killing of one Thomas Wilson. The defendant and the deceased were brothers, aged respectively about fifty-four and sixty years. In October, 1912, and for about one year prior thereto, they had been living together on a ranch known as the Hopkins place, located nearly two miles southeast of the town of Oreutt in the county of Santa Barbara. During October, 1912, these two were the only occupants of the ranch and of the house thereon where they were living. In the afternoon of October twenty-first they went together to Oreutt, and after attending to some business there, they drove back to the ranch. On the morning of October 22nd, between eight and nine o’clock, the defendant came to Oreutt and gave information that his brother was dead, and asked the justice of the peace, who was also acting coroner, to come to the ranch. The defendant then returned to the ranch, being immediately followed by the acting…