Rhinehart

The defendant was charged with the murder of Michael J. Brady, a police officer. The jury returned a verdict of murder in the first degree, life imprisonment being fixed as the punishment for the crime. A motion for a new trial was denied, from which order and from the judgment the defendant has appealed.

The deceased, at about the hour of 1 o’clock A. M. on October 1, 1924, near the intersection óf Mason and California Streets, in the City of San Francisco, received injuries from pistol shots fired by one of the occupants of a Ford touring car, from which he subsequently died, defendant and two others, namely, Haughey and Gleason, being charged by indictment with the crime. The latter and one Robinson were called as witnesses for the prosecution and testified that on the occasion mentioned they with the defendant occupied the automobile and were engaged in carrying out a previous plan to rob one Carrington; that at the time of the injuries of the deceased the latter approached the car, which was being driven by defendant Rhinehart, ordered the driver to stop, and attempted to step upon the running-board, whereupon defendant fired the shots which caused the officer’s…