Lillard

Defendant was informed against by the district attorney of the county of Kern for the crime of murder. Under a plea of not guilty trial was had by a jury, which by its verdict found defendant guilty of manslaughter. By the judgment of the court he was sentenced to the penitentiary for a term of ten years. From this judgment defendant appeals.

The undisputed facts presented by the record are these: About the 20th of January, 1911, one Rosa Brown, a prostitute, living in what is known as the tenderloin district of Bakersfield, was attacked in her house by deceased, who assaulted her with the evident intent of robbery, knocking her to the floor, and when the woman began to scream “murder” and “police,” deceased ran from the house. The woman continued her screams of “stop thief,” “murder,” “police,” and these cries were taken up by a crowd upon the streets. Deceased continued to run down the street, when defendant, who was a bartender in a saloon located in the same red-light district, hearing the woman’s cries, and seeing the man running and the crowd following thereafter, and believing that a crime had been committed and that the fleeing man was the criminal, took a pistol which…