Correa

Defendant was convicted of murder in the first degree, with punishment fixed toy the jury at imprisonment for life, and he has appealed from the judgment and the order denying his motion for a new trial. At the outset we may say that there appears to be nothing inherently improbable in the testimony of any of the witnesses, and, therefore, under the familiar rule, we must accept as true the statements that correspond with and support the theory of the prosecution. Hence, it may be understood that in stating the facts, we have taken from the record the version of the affair which is disclosed by the evidence that tends to support such theory. It appears that, during the year 1917 and until August 26, 1918, Anton Sequeira, the deceased, with his family, consisting of a wife and four small children, lived on the Peter Stewart ranch, consisting of about 160 acres, and which was conducted as a dairy farm. This ranch fronted on the highway leading from Crow’s Landing to Newman, in Stanislaus County, and the deceased and defendant conducted the same as partners. The defendant was unmarried and lived in the home of the deceased, sleeping in the ibunkhouse which was attached to the…