Wright

The defendant was informed against for the crime of murder and was convicted of manslaughter. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

This is the second appeal of the ease. Defendant was first convicted of manslaughter, and for errors committed at the trial the judgment was reversed and the case remanded. (People v. Wright, 144 Cal. 161 , [ 77 Pac. 877 ].) A statement of the facts will be found in the opinion of Hr. Justice Henshaw in the decision upon the first appeal, to which we refer for convenience. In some particulars the facts are not shown to be the same in the present record as are narrated by Judge Henshaw, and whether so or not are not conclusive in the present appeal. But for the purposes of this opinion it is not necessary to point out wherein the facts before us differ from those thus appearing. The killing of Parley by defendant is not denied. His claim is that he acted in self-defense. To state the evidence in all its phases would require much space and seems to us unnecessary.

1. Upon the sufficiency of the evidence to justify the verdict we need only observe, as it is questioned, that there was some…