Yokum

The defendant was charged with the murder of one Albert Mason, at Butte county, on the 14th of December, 1895. He was convicted of the crime of manslaughter, and this appeal was taken from the judgment and from an order refusing a new trial. Appellant complains of certain rulings, and of some instructions.

the deceased and one Frank Ballew claimed certain land as a part of their alleged mining claim. The defendant bad contracted to purchase a tract which included the same land from the Central Pacific Kailroad Company.

On the morning of December 14, 1895, the defendant discovered a person chopping wood upon the land, who claimed that be was authorized so to do by Frank Ballew. Defendant replied that Frank Ballew did not own the land, but be, Yokum, did, and forbade the cutting of oak trees. Ballew and Mason were informed of this assertion of title, and went to the bouse of defendant to see about it. In the interview both were killed by the defendant. It is contended that the homicide was justifiable because in necessary self-defense.

The first point has reference to the admission of evidence for the prosecution in opening its case, to the effect that when Ballew and Mason…