Ortiz

The defendant was charged with the murder of one .Felix Rolden and was convicted of manslaughter. This appeal is from the judgment and the order denying defendant’s motion for a new trial. The facts hereinafter stated, except as otherwise indicated, are gathered from the testimony of witnesses for the prosecution.

The homicide occurred at the Terminal Hotel, situated a mile south of Oroville, on the twenty-second day of October, 1922. About a month prior thereto the defendant, his wife, and a man named Bilboa went to this hotel together, the defendant and his wife staying there for two days and Bilboa a few days longer. Bilboa returned October 20th and on the 22d, at about 7 o’clock in the evening, the defendant, his wife, and a young man whose name is not disclosed by the evidence, who will be called “Doe,” arrived at the hotel in an automobile driven by the defendant, he having theretofore engaged a room for himself and wife. During the evening a number of guests, including the defendant, Doe, Bilboa, and Rolden, were in the dining-room drinking intoxicating liquors, Bilboa becoming intoxicated. Shortly after 10 o’clock Rolden became incensed at some of the statements made by…