Zavala

Defendant was convicted of murder in the first degree, the jury fixing the punishment at imprisonment for life in the penitentiary. The appeal is from the judgment and the order denying defendant’s motion for a new trial.

In the brief of appellant, while it is stated that there are several grounds demanding a reversal of the case, specific attention is directed to only one, and that possesses no merit whatever. Consideration is invited to the fact that the assistant district attorney introduced in evidence a statement by the defendant made a day after the homicide in which the following questions and answers appear: “Were you over in the brewery yesterday evening or the afternoon? Yes, I was at the brewery—the man at the brewery struck me here in the eye. What did he hit you for? He is a man he is always angry he chases everybody away, he even chases, whenever he is under the influence of liquor, he even chases his wife away from there.” It is claimed by appellant that he “afterward sought to prove that the portion thereof relating to the brewery was in fact true and for this purpose called George Preriehs, city recorder of the city of Tracy, Ernest Gieseke, constable of Tulare…