Matthai

Appellant, upon an information for murder, was convicted of manslaughter, and appeals from the judgment and from the order denying him a new trial.

The homicide was admitted. It was contended that the killing was done in self-defense. For some years prior to the tragedy defendant and his family, under a claim of ownership, had been in the possession of certain mountain lands in Napa County. About a quarter of a mile from their home was a magnesite mine. They had been disturbed and harassed in their possession from time to time by locators, who entered upon the mine, contending that it was not upon the lands owned by the Matthais, bnt upon an adjoining section. But in the litigation which followed the Matthais successfully defended their possession. In October George Stanley entered upon the mine and proceeded to work it, hauling from it some tons of rock. The Matthais protested and gave notice of their ownership, and Stanley discontinued his work. • The Matthais remained in possession undisturbed until a certain day in the following May, when a nephew of George Stanley and another man entered upon the mine, with tent, camping equipment, and tools, erected their tent, and…