Lewis

The defendant was convicted of manslaughter and appeals from the judgment and from an order refusing a new trial. It is his second appeal. The main facts are Eta feed in the decision of the former- appeal, People v. Lewis, 117 Cal. 186 ; 59 Am. St. Rep. 167 .

Since, however, it is now claimed that the people failed to overcome the presumption of innocence upon the last trial, it may be noted that the jury in the proper exercise of their functions may have found the facts to be much less favorable to the defendant that the statement contained in the opinion on the former appeal. It was within their province to reject some testimony, and to accept such as to them seemed credible. For instance, they may have rationally concluded from the evidence that Lewis did not, in the altercation, say that he did not question the veracity of Farrell, but that, on the other hand, when asked by Farrell whether his word was not good, replied, “Ho, not with me,” and that when this was resented he jumped up from the table and drove Farrell from the house; that Farrell fled before him until out of doors he took up a singletree and challenged Lewis to come out and fight, and did not advance or…