People v. Smith

Defendant was charged by information with the crime of murder for the killing of one Joseph McGowan on November 26, 1904. Upon his trial he was convicted of murder in the second degree. In due time he made a motion for a new trial, which being denied, he was sentenced to imprisonment for the term of seventeen years.

This is an appeal from the judgment and the order denying his motion for a new trial.

It is not contended that the evidence is not sufficient to support the verdict, but appellant relies for a reversal upon errors of law committed upon the trial.

The homicide was committed on certain premises designated as No. 2969 Mission street, in the city and county of San Francisco, owned by defendant, but theretofore leased by him to Matthew McGowan, the father of Joseph McGowan. Though the lease was taken in the name of Matthew McGowan, it seems to have been taken for the benefit of Joseph McGowan; at least Joseph McGowan took charge of the premises and carried on a business there. The premises consisted of an inclosed yard, used for the storage of brick, sewer-pipe and like material used in the business carried on by deceased. There was a house upon the premises in which…