Turpin

Defendant was charged by information with the crime of murder for the killing of Frederick Roetzscher on the sixteenth day of June, 1908, in the county of Fresno. He was convicted of murder in the first degree, and his punishment fixed at imprisonment for life. This appeal is from the judgment and the order denying his motion for a new trial.

The killing of Roetzscher by defendant was admitted, the only defense attempted being that the killing was done in necessary self-defense.

Deceased and his partner, Otto Trehse, were farmers, and resided on their farm, situated near Fowler, in Fresno county. The homicide occurred on this farm. There also resided on this farm one Carl Leyman, an employee of the partners, and one Mrs. Stella Crane and her three young children. Mrs. Crane was employed to do the cooking and housework on the place, and had been so employed for about six weeks prior to the day of the tragedy. Defendant was acquainted with all the persons living on the Roetzscher place, and since the employment of Mrs. Crane had frequently called on her there. Evidence was given that he had sometimes visited her clandestinely and late at night; that prior to the day of the…