Valenzuela

Appellant was charged with the crime of murder, and upon being found guilty of manslaughter was sentenced to serve a term of ten years imprisonment in the state prison. He appeals from the judgment and from an order denying his motion for a new trial.

A young man named Delbert D. Wardlow was shot on the evening of March 19, 1914, at the house of appellant at Talbert, in Orange County. Several gunshot wounds were inflicted upon his body, after which Wardlow mounted a horse and rode to a nearby store, where he died. Death was caused by the loss of blood from a wound in the thigh where a bullet had s'evered the femoral artery. Appellant is a Mexican and was engaged as a common laborer near the place of his residence and occupied a small frame building with his family, which consisted of a wife and children. At his house he served boarders other than members of his family, and also sold liquor to persons who might come there for it. On the date mentioned young Wardlow and a man named Stafford rode up to the house of appellant and purchased some beer which they drank on the premises. At that time appellant was away at his work and his wife furnished the liquor to Wardlow and his…