Sherman

Upon information accusing the defendant of the crime of murder he was convicted of man- * slaughter, and sentenced to the state prison for the term of six years. He appeals from the judgment and from an order denying his motion for a new trial.

It was proved, and not disputed, that about one o’clock, A. m., on June 20, 1893, in Mendocino county, he shot and killed G. W. Parker, but it is claimed for appellant that the killing was done in self-defense, and therefore was justifiable; and' so it appears from the .evidence without conflict.

It appears that six witnesses were present at the time of the killing. Of these two were called by the people, and four by the defendant; and all concur in testifying substantially that without provocation the deceased assaulted defendant with a small clasp-knife, threatening “ to cut him in two” ; that defendant tried to pacify him, declined to fight him, and begged him to desist; that Scott Howard, a mutual friend, interfered, took the knife from deceased, and led him to another part of the *410 room, about thirty feet from defendant, and endeavored to pacify him; but soon after he broke away from Howard, drew his pistol, and started towards…