Petruzo

The evidence is clear and convincing that defendant was justly convicted of murder in the first degree. Indeed, he may consider himself fortunate that the jury fixed the punishment at life imprisonment instead of leaving the severer penalty to be imposed by the court. There is no pretense of excuse or justification for the homicide, and the showing in behalf of defendant was meager and inconsequential, directed to the contention that he was somewhat under the influence of liquor,.together with certain circumstances related by two or three witnesses tending to create a suspicion that a party not arrested may have committed the crime. The defendant did not take the witness-stand, and, as far as the record shows, offered no explanation of the affair and made no denial of the charge, except what is implied in his plea of “not guilty.”

The ease for the people rested upon the dying declaration of the deceased, the testimony of eye-witnesses to the shooting, and the defendant’s attempt to escape from jail after his arrest.

The tragedy occurred after dark on a mountainous trail on the north fork of Feather river,, while a party of seven Italians, including appellant, and a party of five…