Herrera

Defendant was charged with the crime of murder, it being alleged in the information of the district attorney that he did, on the tenth day of June, 1916, in the county of Los Angeles, feloniously and with malice, kill one Soledad Juarez. By the verdict of the jury defendant was found guilty of the crime charged, in the second degree thereof, and judgment followed accordingly. The appeal is taken from the judgment of imprisonment and from an order denying a motion for a new trial.

The deceased was the wife of Filomeno Juarez, and at the time she received the fatal wound she resided with her husband in a two-room house in the city of Los Angeles. Juarez, the husband, was a laborer and was acquainted with the defendant, the two men having theretofore worked as section-hands on a railroad near Los Angeles. On the tenth day of J"une, 1916, Juarez met defendant at about 3 o’clock in the afternoon on the street. Defendant informed Juarez that he was going to San Pedro to work, and urged Juarez to accompany him. Juarez’s reply to the invitation was that he could not decide the matter without consulting with his wife. Juarez returned to his home later in the evening, where he resided with…