Ford

The appellant was charged by information with the crime of murder. He was tried and by the jury’s verdict convicted of murder in the second degree. The trial court denied his motion for new trial, and this appeal is from that order, and from the judgment and sentence based upon such verdict. A consideration of two of the grounds urged for reversal requires a statement of the facts proven and of some of the evidence introduced.

About the hour of 11:15 P. M. of September 17, 1926, appellant was seen by a police officer staggering on one of the main streets of La Jolla. At that time appellant appeared unable to talk, but said he “was shot”; he was wet and quivering; the officer took him to the hospital, where the only thing said by appellant was “girl shot too”; he had two bullet wounds in his forehead and one on the top of his head; pieces of a flat bullet were extracted from under the scalp on the top of his head; the bullet was 3'2-caliber; there were powder burns on his forehead. On the following morning a woman’s body was found in one of the summer houses at La Jolla park, near the beach; the deceased was one Anna Carleton; there was a bullet wound from left to right through…