People v. Lee

The defendant was charged by the information with the crime of murder, and a verdict returned finding him guilty of manslaughter. He was thereupon sentenced to a term of five years in the state prison. He prosecutes this appeal from the judgment and from the order denying his motion for a new trial.

It is claimed that the evidence is insufficient to support the verdict, and we have carefully examined the same, and in our opinion find it sufficient.

The evidence of the witness Lloyd is to the effect that the defendant upon meeting deceased, with whom he was not on good terms, called him a vile name and about the same instant aimed his umbrella' at him, hitting him in the eye with it, thus inflicting the wound that caused his death; that at the time of the assault the deceased had not made any hostile demonstration or any attempt to injure defendant. Defendant’s counsel, in his brief, claims that the version of the matter as given by Lloyd was improbable and in contradiction of- the other testimony in the record. This was a question solely for the jury, and it is not our province to pass upon the evidence, where it is conflicting and where it is sufficient in substance to support…