Byler

The appellant was tried under an information charging him with the murder of Frank Meadows, was found guilty of manslaughter, and was sentenced to four years’ imprisonment. At the time of the commission of the offense, Byler was over sixty years of age, while Meadows was about fifty; Byler was somewhat weakened by disease, Meadows was of unusual physical strength and proportions; both men were addicted to the use of liquor, and they were both probably intoxicated at the time of the tragedy; Byler certainly was. The killing occurred late at night, just outside Byler’s house, near or at North Dinuba.The two men were together early in the evening, with some of their neighbors, at a pool-hall in the village and started home together, as their residences were not far apart, earlier than 9 o’clock. They were both then under the influence of liquor. The killing did not take place until nearly 1 o ’clock. Upon these various points there is no dispute in the evidence.

Byler testifies that after he and Meadows left the pool-hall they went to Meadows’ home, stopped for a very brief time in the road in front of the place, and that Meadows went alone toward the house. Byler, according to his…