Hightower

Defendant was accused by information of the crime of murder. He was convicted and sentenced to life imprisonment. A motion for a new trial was made and denied, and this is an appeal from the order denying the motion and from the judgment.

It is not contended that the evidence is insufficient to convict, but it is claimed that it is of such a character as to leave room for grave doubt as to the defendant’s guilt, and this being so, that the errors complained of become important where they might be considered otherwise under section 4% of article VI of the constitution in a case where they did not result in an unjust conviction.

The crime itself which gave occasion to this trial is of its nature the most horrid and atrocious that can well be conceived by the human mind, and words are inadequate to express in proper colors its barbarous enormity. Father Patrick Heslin, a man over sixty years of age, was the priest of Holy Angels parish at the town of Colma, San Mateo County. He resided at the parish house adjoining the church, which is a few hundred feet from the state highway, which forms the main thoroughfare of that little community. Miss Magdalena Wendell was Father Heslin’s…