Garvey

The defendants were indicted by the grand jury of Los Angeles County charged in count I with the crime of murder and in count II with burglary. They were all found guilty of both offenses and prosecute this appeal from the judgments pronounced upon the verdict and also from the order denying their motion for a new trial.

The principal contention advanced by appellants is that the evidence is insufficient to sustain the verdict of guilty and their argument in this regard is pointed particularly to the verdict on the first count, for which the defendants were sentenced to San Quentin for life. The testimony adduced shows that A. R. Miles, the proprietor of a drug-store at the corner of Fourth Avenue and Jefferson Street in the city of Los Angeles, was found dead in the rear room of that store on the evening of November 1, 1927, at about 10:30 P. M. The autopsy surgeon found an extensive contusion behind the left ear and underneath this contusion an extensive internal hemorrhage covering the entire surface of the brain and extending downward into the spinal canal. He could not say whether this injury was caused by a blunt instrument striking the head or by a fall. He also found an…