Bradley

The defendant in this case was charged with the crime of murder. Upon his trial he was convicted of murder in the first degree, and subsequently sentenced to life imprisonment in the state prison. He has appealed from the judgment, and from an order denying him a new trial.

The defendant did not take the witness stand in his own behalf, and the case was submitted to the jury upon his plea of not guilty,- and the evidence adduced by the people.

The facts of the case upon which the people secured a conviction are briefly as follows: On the day of the homicide, the defendant, in company with a companion, encountered the deceased, a special policeman, at the corner of Bast Twelfth Street and Thirteenth Avenue, in the city of Oakland. The deceased, who was in plain clothes and without any insignia of his office, halted the defendant and his companion with the command “Come here.” The minor circumstances attending the meeting of the defendant and the deceased, as detailed by the companion of the defendant, need not be narrated. It will suffice to say that apparently they aroused the suspicions of the deceased as to the character of the defendant, and that a partial search of the…