People v. Smith

— The defendant, Fremont Smith, was convicted of murder in the first degree, and sentenced to suffer the extreme penalty of the law, for the feloni *76 ous killing of one Dolph, at the county of Colusa, state of California.

The appeal is from the judgment and from an order denying defendant’s motion for a new trial.

The first point relied upon by appellant for a reversal is that the evidence is insufficient to j ustify the verdict of the jury.

The defendant was the owner of a span of horses, harness, and buckboard wagon.

In the fall of 1893 he formed a partnership in the fishing business with two men, of whom but little seems to be known, except that they were fishermen, and that one was called “ Charlie” and the other “ Dolph.”

The parties occupied a house in Moulton’s pear orchard, adjoining the levee of the Sacramento river, county of Colusa. Charlie and Dolph did the fishing, and defendant, with his wagon, peddled the product about the surrounding country.

On or about December 27, 1893, defendant left the house in which the parties had been living and traveled with his team south.

Two days after he left, the dead bodies of Charlie and Dolph were found in the Sacramento…