Williamson

Appeal by defendant from a judgment of conviction and from an order denying a new trial.

The bill of exceptions discloses that one Parry was shot and killed on July 17, 1905, in room 27 of a lodging-house in the city of Los Angeles operated by defendant; that the shot which occasioned the death came from a pistol then held in the hands of defendant. About these matters there is no controversy.

The theory of the defendant, which was supported by evidence tending to establish the truth thereof, was that deceased had, on the 4th of July preceding his death, made an assault upon defendant with intent to commit a rape; that in the struggle which ensued her neck and wrists were bruised and injured; that on the next morning he left defendant’s rooming-house, but on the following Tuesday returned, and, in the absence of defendant, again secured a room in the lodging-house; that several days afterward defendant learned that he was again an occupant of the room, and on Monday morning, the 17th, defendant encountered him in a hall of the house; that the deceased again made improper and threatening advances, when defendant ordered him to leave the house at once; that deceased refused to go…