Loomis

The appellant was convicted of manslaughter upon an indictment charging him with the crime of murder in that he did, on or about the fourteenth day of April, 1927, in the county of San Joaquin, wilfully, unlawfully, feloniously, and of his malice aforethought, kill and murder one E. J. Wilson. This appeal is prosecuted by the appellant from the order of the court denying his motion for a new trial and the judgment of conviction entered upon the verdict of the jury finding him guilty of manslaughter, as herein stated.

The transcript shows that the appellant Loomis and the deceased E. J. Wilson were ranchers living some three or four miles apart in the agricultural section of San Joaquin County lying northeast of the town of Ripon; that Loomis and Wilson had resided in that neighborhood at least seven years previous to the fourteenth day of April, 1927; that the appellant and the deceased had been acquainted for that period of time and had exchanged a limited number of calls or visits; that some two years previous to the fourteenth day of April, 1927, the wife of the deceased had died, and that thereafter Wilson made more frequent visits at the home of the appellant. The evidence…