Conte

The defendant and one Giacomo Sampo were jointly charged, by information, by the district attorney of Amador county, with the crime of murder. The court, upon the demand of the defendant, accorded him a trial separately from that of his codefendant. (Pen. Code, sec. 1098.)

The jury found the defendant guilty of the crime of murder of the second degree and so returned a verdict. This appeal is from the judgment and the order denying the defendant a new trial.

The objections urged in this court against the judgment and the order are: 1. Errors in the rulings of the court disallowing challenges interposed by the defendant to certain jurors; 2. .Errors in the rulings rejecting and receiving certain evidence; 3. Errors in the refusal by the court to give a number of the one hundred and twenty-seven instructions requested by the defendant; and 4. Insufficiency of the evidence to justify the verdict.

The circumstances leading to and characterizing the homicide are set out with considerable detail in the case of the People v. Sampo (codefendant of Conte, appellant here), reported ante, p. 135, [ 118 Pac. 957 ], but, for the purpose of illustrating some of the points made on this…