People v. Mesa

tem.—The appellant was charged in the information with the crime of murder and convicted of manslaughter. He appeals from the judgment and order denying his motion for a new trial.

At the trial the appellant relied on the plea of self-defense. There is no question on this appeal, and there could not be, as to the sufficiency of the evidence to support the verdict. There was testimony in the record to the effect that deceased was found lying prostrate on the ground where he had been shot. The evidence disclosed that no weapons of any kind were found upon his person and that he had never been known to have carried any weapons of any kind. The defendant, after firing six shots at the deceased, left the scene without paying any attention whatever to the deceased, and went to a town about two miles distant. So far as the evidence showed, the deceased and defendant had been friendly prior to the encounter. Two of the shots took effect in the region of the hip of the deceased, 'and he died in the hospital on October 22d, after an operation made necessary by the gunshot wounds inflicted by the defendant. The name of the deceased was Jose Quiroz, and the crime was committed about midnight…