Lewis

The defendant was prosecuted for the murder of William H. Farrell, and was convicted of manslaughter. He appeals from the judgment, and from the order denying him a new trial.

Defendant was the husband of Farrell’s sister, and, with his wife and nine-years’-old son, was living upon a mountain ranch in Shasta county. Farrell, though he was a not infrequent visitor at his brother-in-law’s house, was ill-disposed toward him. His grievance was founded upon a claim of moneys due him from Lewis for services, and there is much evidence of oft-repeated *188 threats upon his part, couched in most abusive language, “to maul Lewis,” “to stamp his Goddamned guts out,” “ to fix him,” and “ to kill Lewis, or Lewis would kill him.” Some of these threats had been uttered to defendant himself, in the presence of his wife. Others had been communicated to him. Farrell was the younger, stronger, and more active of the two.

Upon the day before the homicide Farrell, stopping at defendant's home, told his sister that one John Miller, at a rodeo, had recently said in his presence, and in the presence of others, that Frank Lewis had stolen his hogs, and had stolen the salt to salt them with. Farrell had…