Dallen

The defendant was convicted of the crime of murder of the second degree, and appeals from the judgment, the record being made up in accordance with the provisions of section 1247 et seq. of the Penal Code.

The facts leading to the shooting of the deceased by the defendant as to which there is no controversy are these: Early on the afternoon of the eighth day of June, 1912, David W. Rinckel, the town marshal of Sisson, in Siskiyou County, was informed by one John Cotton, a night watchman for the McCloud River Railroad Company, at said town of Sisson, that a “Greek pimp” (referring, as it subsequently appeared, to the defendant) had arrived in Sisson and that he was then at a house of ill-fame, known as the “Buckskin,” which was conducted by a woman known as Julia Meza. Determined to rid the town of the presence of the “Greek pimp,” Rinckel called to his assistance the deceased, Andrew Dougherty, who was then and for some years had been a night watchman or night policeman of Sisson, and the two, between the hours of eight and nine o’clock of the evening of the day mentioned, proceeded to the house of prostitution for the purpose, as Rinckel, in testifying, expressed it, of “giving…