Carrillo

—The defendant was charged with the murder of one Pedro M. Badillo, and was convicted of murder in the second degree. This appeal is from the judgment upon the verdict .and from an order of the court denying a motion for a new trial.

The evidence shows that the Carrillo and Badillo families lived in adjoining houses at Palm City, in San Diego County; that certain differences had arisen between the wife of defendant and the wife and daughter of the deceased; that Mrs. Carrillo had complained to her husband concerning the manner in which she was treated by the Badillo family; and that the defendant had on several occasions talked with the deceased in reference to the situation.

The defendant testified that on the morning of the day of the shooting he went to a near-by store to get some provisions and met Badillo; that they had some talk about the difficulty between the two families; that as they were parting Badillo showed defendant a gun and threatened to break the gun over his head; that when defendant returned to his home he saw Badillo lying on the front porch of his own house; that defendant went upstairs and got his gun; that he went out on the front porch of his house, and…