Lopez

Appellant was charged by information with the crime of murder. Upon trial he was convicted of murder in the second degree. He appeals from the judgment and an order denying his motion for a new trial.

Defendant was an employee of one Lattour, who was engaged in the growing of cattle in one of the mountainous regions of Los Angeles County. It appears that he and his employer were the only occupants of the place. On July 1, 1912, at about noon, the deceased, Frank S. Randolph, came to Lattour’s house, where he spent the afternoon and had supper with Lattour and defendant, on which occasion they drank more or less wine. So far as appears, no trouble had existed between any of the parties, and up to the time of the shooting which resulted in the death of Randolph, the relations between all of the parties were of a friendly character. On the morning of the second day of July, defendant surrendered himself to an officer at Newhall, some distance from the place where the homicide was committed, stating that he had the night before shot and killed Randolph in self-defense, claiming that Randolph had first shot, Lattour, his employer, and then attempted to shoot him. The testimony of…