Trotter

Appellants and James Musacchio were charged with the crime of murdering Edward Nunes on June 27, 1931, in Fresno County. The jury returned verdicts finding them guilty of murder in the first degree, fixing the penalty at imprisonment for life in the state penitentiary. Appellants made separate motions for new trials which were denied. From these orders and from the judgments thereafter pronounced upon them they have each appealed to this court.

Appellants with great earnestness and sincerity urged, both in oral arguments and in their briefs, that the evidence was insufficient to support the judgments, and that both were innocent of the crime of which they stand convicted. We have carefully studied the entire record which discloses the circumstances leading up to and surrounding the killing of Edward Nunes to be as follows: Edward Nunes was the proprietor of a service station situated about twenty miles from Fresno on the Whites Bridge road in Fresno County. The service station building contained four rooms, a living-room, bedroom and a kitchen which furnished deceased his living quarters, and a room which, he used as a store and in which he kept a small stock of cigars, tobacco…