Cipolla

Defendant, convicted of murder in the first degree, appeals from the judgment and from the order denying his motion for a new trial. While the sufficiency of the evidence to sustain the verdict and judgment is not questioned, it may be well, for the better understanding of the propositions which appellant advances, briefly to state that evidence.

The deceased, Joseph Piraino, and the defendant were Italian laborers. Piraino had rented a room in a lodging house in Sacramento, which he shared with Cipolla. Both were out of work and seeking employment, but Piraino had about one hundred and thirty dollars in gold, which he carried on his body in a money belt. Cipolla, seemingly, had no money. At least, he borrowed small sums from Piraino from time to time with which to purchase his meals. Upon the morning of the homicide he had thus obtained one dollar from Piraino, with a part of which he procured himself to be shaved. He wore a mustache. In the afternoon of that day, at Cipolla’s suggestion, the two crossed the river and proceeded up the Yolo levee with the purpose of visiting a ranch conducted by Italians, in an endeavor to secure employment. On their way they were joined by two…