Muhly

The defendant was charged with murder and convicted of manslaughter, and the appeal is from the judgment and the order denying his motion for a new trial.

The evidence claimed to be inculpatory was entirely circumstantial, some of it equivocal and of doubtful propriety, and all capable of reconciliation with the innocence of the-accused. That an atrocious murder was committed is indeed clear and is not disputed, but the guilty participation of appellant must have been a matter of grave doubt even to-the jurors who rendered the verdict. Otherwise, the conviction of manslaughter with a recommendation to the mercy of the court seems unaccountable.

It appears that the deceased, James H. Bethel, for a number of years had resided on his premises in the foothills of Madera county, where he kept a wayside saloon or roadhouse. At the time of the homicide, and for several years prior thereto, appellant and the deceased were the owners as tenants in common of a tract of land of one hundred and sixty acres on which were located a dwelling-house, the said saloon and other buildings. For the preceding year defendant and his wife had been residing on said premises and deceased had been taking…