Verduzco

Defendant was charged by information with the crime of murder, was convicted, as charged and sentenced to imprisonment for life. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The homicide occurred on the night of July 4, 1909, at the house of one Jesus Belmontes and his wife, Catalina, with whom defendant and his brother, Seferino Verduzeo, and deceased, Constantino Soto, were at the time living, the last three named being laborers and working at a mill near- the town of Madera. It appeared by the testimony of Mrs. Belmontes that deceased had his supper about 5 o’clock and left the house. Defendant and his brother had supper about half an hour later and also left the house. About 8 o’clock, or shortly after, deceased and Seferino returned to the Belmontes house, deceased entering immediately behind Seferino. The deceased sat down upon a bench near a table and Seferino went to his room, where he remained about five minutes. He re-entered the room where deceased still sat upon the bench and as he passed out he said to deceased: “I don’t want any business with you,” and the deceased replied: “Neither do I with you.” Mrs. Belmontes…