Ward

Defendant was informed against upon a charge of the crime of murder, alleged to have been committed at the city and county of San Francisco.

Upon his plea of not guilty a trial was had, which resulted in a verdict of guilty of murder in the first degree, with punishment fixed by the jury at imprisonment for life.

The appeal is from judgment upon such verdict and from an order denying a motion for a new trial.

The cause was called for trial in the superior court on the second day of November, 1893, when Augustus Til- *337 den, Esq., counsel for defendant, asked for a continuance, upon the ground that. he had recently come into the case as the attorney of defendant, and desired time to familiarize himself with the facts.

It thereupon appeared that the cause had been continued repeatedly for some three months; that upon a suggestion of the insanity of the defendant a jury had been impaneled and a trial had, which resulted in a verdict that defendant was sane.

Thereupon, and on the first day of November, 1893, James Smith, Esq., who had acted as attorney for defendant, retired from the case, and on the following day, to wit, November 2, 1893, said Augustus Tilden, Esq., was by…