Estrada

Defendant was charged with the crime of murder and a verdict was returned finding him guilty of the crime of manslaughter. He appeals from the judgment and from an order denying his motion for a new trial.

It is first claimed that the evidence was insufficient to justify the verdict. The killing of Eduardo Murillo by appellant on the third day of July, 1921, in Clearwater, in the county of Los Angeles, was admitted, but appellant contends that upon all of the evidence but one conclusion can be drawn and that is that the act was done in necessary self-defense. Necessarily, as this court in its consideration of questions presented is limited to errors of law alone, if the evidence presents a conflict, the facts must be resolved against the defendant. The only direct evidence showing that the deceased was killed by the defendant consisted of a written statement made by the defendant shortly after his arrest. On the morning of the 4th of July, 1921, the dead body of Murillo was found on the public roadside. There was a wound in his back on the left side, which the autopsy surgeon determined had been made by a knife which had penetrated the abdominal aorta. Close beside the dead man…