People v. Mitchell

—The defendant was informed against for the crime of murder, and convicted for killing Oscar Crandall at the county of Tehama, on the twenty-fourth day of April, 1891. The appeal is from a final judgment, and from an order denying a motion for a new trial.

On a former trial defendant was convicted of murder, and on appeal to this court a new trial was ordered. (People v. Mitchell, 94 Cal. 550 .)

C. A. Boyden and Frank Hughes were charged in the same information with defendant; Boyden had been tried, and acquitted, and Hughes had been discharged without a trial.

It appears, also, that one Long had been indicted or informed against by a separate proceeding for the same offense, and upon a trial had been acquitted.

Oscar Crandall was a member of a military company, and on the evening of April 23,1891, which was a bright moonlight night, had been out with his company drilling. The defendant was on the ground where the drill was carried on. About eleven o’clock p. m. Crandall, with four comrades, repaired to the Arcade saloon at the corner of Main and Hickory streets, Red Bluff, kept by Henry Rathja, passed into a back room, and engaged in a game of cards. . Crandall did not…