Heart

The defendant under an information charging him with murder pleaded not guilty. Upon a trial he was found guilty of murder in the second degree, and sentenced to the state prison for the term of twenty years. He appeals from the judgment and from the order denying a new trial.

Appellant relies for the reversal of the order and judgment upon the grounds that the evidence is not sit55dent to justify a verdict in the second degree, and for errors in admission of certain testimony and in instructions to the jury.

The record discloses that there was some testimony tending to show defendant’s guilt in the degree as found by the verdict. By the constitution appellate jurisdiction is conferred upon this court in criminal prosecutions by indictment or information in a court of record on questions of law alone. When there is evidence, therefore, to sustain the verdict a question of law cannot arise. (People v. Fitzgerald, 138 Cal. 40 , [ 70 Pac. 1014 ].)

It was shown that a heated quarrel was had between defendant and his roomer, Kearns, concerning a balance of fifty cents due for rent, as claimed by defendant and denied by Kearns. Kearns was about to leave defendant’s house, and had…