Donlan

Defendant was informed against by the district attorney of the county of Tulare for the crime of murder. He was tried and convicted of murder in the first degree. A motion for a new trial was made on the part of the defendant and denied by the court, and defendant was sentenced to be hanged. From-the judgment and order overruling said motion defendant prosecutes this appeal.

1. On behalf of appellant, errors are assigned in the admission of certain testimony by the trial court.

It appears from the evidence that the defendant, about the first of the year 1891, induced the deceased to leave her home in San Francisco and take up her abode with him in a house of prostitution in said city. In about four weeks, the mother of the deceased, having learned where her daughter was living, visited the place and demanded of the defendant that he marry the deceased. The defendant consented to this, and procured a marriage license, and subsequently the daughter told her mother that she had been married to the defendant. This statement, however, it appears was not true. During the time between the date when the deceased first went to live with the defendant and the day of the homicide, they…