Alivtre
People v. Alivtre
Opinion
lead Opinion
McKinstry, J.
At three o’clock in the morning of the 11th of October, defendant was in bed in the house of one Manuela Sanchez, in a room adjoining that of Manuela and her daughter. Deceased, having ridden a horse to a point about two hundred yards from the house, came to the outer door and (as would seem) demanded admittance, which was refused by the woman Manuela, alleged to have been at one time his mistress; whereupon—as claimed by defendant—deceased burst open the door, and at once leaped upon the defendant, who was still in bed, and commenced stabbing him with a knife. Defendant was badly cut in several places. The testimony for the prosecution, however, if unexplained, would leave it doubtful whether deceased was not fired upon before he commenced to use his knife. Thus, Cayetana Bar rejón : “ I saw deceased, Eugenio Morales, at a distance of seventy or eighty yards. He walked some distance and sat down. I heard the first shot in Manuela Sanchez’s *264 house. I was in my room waiting on my child. I jumped out, and when I opened the door I heard a second shot. Four men jumped over the fence at Manuela’s. They passed within four or five feet of me. They went to where deceased was, and…