Sierp

The defendant was convicted of murder in the second degree, and appeals from the judgment and from an order denying his motion for a new trial.

1. As to the first point made for a reversal, it is sufficient to say that the evidence fully enough shows that Manuel Moreno, the person killed, made his dying declaration under a sense of impending death, and that, *250 therefore, the court did not err in overruling defendant’s objection to said declaration.

2. The contention based on the cases of People v. Lee Fat, 54 Cal. 527 , and People v. Ah Yute, 56 Cal. 119 , that the testimony of Secundino Varela, given at the preliminary examination, was improperly admitted because it was conducted through an interpreter, cannot be maintained. The entire examination was in the English language except that, as to a single question, the court requested an interpreter to ask the witness if he understood the question, and the interpreter, having asked him, replied: “He says he does understand.” Moreover, the interpreter was present at the trial in the superior court and testified. The case at bar is, therefore, not at all within the rulings in the Lee Fat and Ah Yute cases; and the court did not,…