Carson

The defendant having been convicted of the crime of murder of the first degree and sentenced to imprisonment for life, appeals from the judgment and from an order denying his motion for a new trial.

At about 10 o’clock on the night of September 25, 1919, two men entered a street-ear which was approaching the city of Los Angeles on its way from the city of Redondo. A controversy arose between these men and the motorman and conductor of the car, which resulted in the ejection of the strangers from the car. As the motorman was about to start the car these men, armed with revolvers, fired several shots and as á result thereof the motorman, George E. Sleeper, was killed. The defendant and another man, who appears to have been the defendant’s twin brother, were accused of this crime and were tried separately. Counsel for appellant, in stating the questions presented on this appeal, admits that the circumstances of the killing were not in dispute; that no mitigating circumstances were offered, and that “there was but one issue of fact, capable of the following legal distinction: 1. Identification of the defendant. 2. Alibi.”

Several witnesses identified the defendant, and testified…