Schoon

The defendant was informed against for the crime of murder, in the unlawful killing of John L. Brisco, a police officer of the city of Stpckton. He was convicted of murder in the first degree, and prosecutes this appeal from the judgment and from an order denying his motion for a new trial.

It is claimed that the evidence given on the trial is not sufficient to sustain the verdict. Defendant and a companion, who had come to Stockton on the evening of February 4, 1917, and spent the evening and night up to about 1 o’clock visiting several saloons and a restaurant begging, were arrested about 1 o’clock A. M., February 5, 1917, at the corner of Weber and El Dorado Streets by deceased, and taken by him toward the police station, which fronted on Bridge Street, between El Dorado Street on the west and Hunter Street on the east, distant about 104 feet from El Dorado Street. Deceased turned with his two prisoners from El Dorado Street into Bridge Street. Almost immediately thereafter was heard a shot in the vicinity of the police station, and, according to the testimony of many witnesses, shortly thereafter three shots in quick succession. There were officers in the police station, and…