Melendrez

The defendant was convicted of the crime of murder in the second degree, and appeals from the judgment and from an order denying a new trial.

The killing took place in the county of San Diego, near the village of Hedges. A man had been stabbed there by one Bosales, who had escaped. The people of the village, or many of them, including the defendant, were in pursuit of the fugitive, who—as also the deceased—was not personally known to the defendant. In the course of the pursuit the defendant came upon the deceased—a colored man, named John Lee—- and shot him while running away. According to the testimony of defendant, he called on the deceased several times to halt. Deceased then turned around and drew a pistol, and defend ant, believing he would shoot, fired upon him; upon which deceased turned and ran, and defendant fired upon him a second and a third time. The deceased fell at the third shot. The same account substantially was given by the defendant, in answer to questions of one of the witnesses for the prosecution, immediately after the transaction. The account given by the other witnesses for the prosecution—who saw the transaction from a distance—was substantially to the…