Balestieri

The defendant was convicted of the crime of murder, and sentenced to imprisonment for life. He appeals from the judgment and order denying his motion for a new trial.

The following are substantial]}' the facts of the case: On the sixteenth day of April, 1913, Ernest Reynaud and Milton S. Clark, two deputy fish and game commissioners, acting upon information that the fish and game laws were being "violated at or near Paradise Cove on the Marin County shore of the San Francisco Bay, went to that place for the purpose of intercepting and arresting violators of the law. They there found two fishermen, named Antone Balestieri and Salvatore Balestieri, brothers, and also uncles of the defendant, engaged in fishing with a net of the size of mesh prohibited by law, and placed them under arrest. Entering the launch these fishermen were using they started with them to San Rafael, the decedent Ernest Reynaud, taking his place in the stem and operating the tiller. They were presently overtaken by another launch in which was the defendant with two other men. The defendant, a young man of the age of twenty-two years, and also a fisherman, though not directly connected with his uncles in the…