People v. Miller

One A1 Millford was killed by appellant Fred Miller in a fistic encounter which took place in front of a pool-hall in the town of Chualar, Monterey County, shortly after 5 o’clock on the evening of October 3, 1930. As a result of the homicide, Miller was charged with murder and upon trial before a jury was convicted of manslaughter. Insufficiency of evidence is urged as the first ground of appeal, appellant claiming that it was established at the trial that he acted in necessary self-defense and without any intention to take life.

The two men were employed as laborers in the lettuce industry in the Salinas Valley and Miller was the smaller and the younger of the two-. The evidence shows quite clearly that Millford started the quarrel inside the -pool-hall by grossly reviling Miller, and, as he claims, threatening to assault him; but there is a sharp conflict in the testimony as to which left the pool-hall first, and as to what happened outside. Miller testified that in order to avoid any trouble with Millford he arose from the chair in which he was seated and walked out of the pool-hall, and that Millford followed him. His statement in this regard was corroborated by two other…