Yoakum

The prisoner having been found guilty of the crime of murder in the-first degree in the felonious killing of one Johnson, brings this appeal from the judgment of death rendered against him thereon, and from an order denying his motion for a new trial. Upon the argument of the case several alleged errors were relied upon, but the conclusion to which we have arrived, upon one of these will render unnecessary the consideration of the others.

*567 The prisoner before the trial made an application, in conformity to the provisions of the Penal Code, for the removal of the case from the County of ICern, where it was pending and subsequently tried, on the ground that a fair and impartial trial could not be had in the said County of Kern. The application was denied, and the prisoner excepted.

The statute (Penal Code, sec. 1095) provides that if the Court be “ satisfied that the representation of the defendant is true, an order must be made for the removal of the action to the proper Court of a county free from like objection.” An application of this character is addressed, as we have said here in other cases, somewhat to the discretion of the Court; its allowance or refusal was…