Silvas

The district attorney filed an information in the superior court of Los Angeles county, charging the defendant with the crime of murder, alleged to have been committed in the city of Los Angeles on the morning of July 21, 1884. The facts in the case are clearly established by the evidence, and are briefly as follows: James McIntyre, the party killed, and a friend named Hickey were passing along New High street, in Los Angeles, when they saw the defendant sitting in a chair on the sidewalk nearly opposite a saloon *426 kept by one Olivier. The sidewalk at that place was about seven feet wide, and the man was sitting between two and three feet from the side of the house, occupying very nearly the middle of the walk. As the deceased and Hickey passed the defendant between him and the house, one of them rubbed against him, struck him with his foot on the leg, and knocked his hat off, as the defendant says, whereupon the defendant got up from the chair upon which he was sitting and addressed a very opprobrious epithet to the two men, particularly to Hickey, and drawing a large knife, the blade of which was about six inches in length, made a hostile demonstration with it, Hickey being…