Clapp

Defendant was charged with the murder of Albert A. Taylor, committed in the town of Truclcee, on June 9, 1914. . He was convicted of manslaughter. His motion for a new trial was denied and he was thereupon sentenced to imprisonment at San Quentin for the term of seven years. He appeals from the judgment and from the order denying his motion for a new trial.

Defendant was an engineer in charge of a switch engine at the railroad yard of the Southern Pacific Company at Truckee. Deceased was yardmaster at the same place and both were in the employ of the Southern Pacific Company.

1. The evidence was that defendant was a roomer at deceased ’s house and that, prior to the day of the homicide, their relations had been friendly. They had some disagreement arising out of the switching of cars, on the morning of June 9th, which culminated in an altercation on defendant’s engine, deceased having gone aboard the engine in anger where a somewhat violent quarrel ensued, deceased apparently the aggressor. He left the engine, however, and the parties did not come to blows. This was about seven o’clock in the morning. Later, about nine o’clock, a controversy arose between them which grew out of…