Floris

Appellant was charged with murder, and upon trial was convicted of the crime of manslaughter. He now seeks a reversal of the judgment of conviction upon the sole ground that the evidence is not sufficient to sustain the verdict.

About 8 o’clock on the evening of October 23, 1927, the deceased, Antonio Mariscal, was stabbed in the neck and died instantly. The homicide occurred on a public street in North Richmond, Contra Costa County, during a quarrel which appellant had provoked with three men named Marcus, Nougiera, and Alameda. At the trial appellant denied the killing, but his guilt was established mainly by the testimony of the three men mentioned; and on this appeal he concedes that' the evidence is conflicting, and also that if the testimony of the three witnesses mentioned be true it is legally sufficient to support the conviction; but claims that Mariscal was doubtless stabbed by either Marcus, Nougiera, or Alameda, and that in order to fasten the crime falsely upon him they committed perjury in giving their testimony.

The law is well settled that a reviewing court has not the power to set aside a verdict unless it clearly appears that upon no hypothesis whatever is…