Strybe

The defendants were jointly charged by information with the murder of one A. G. Damon, in the county of Sacramento, on the-day of March, 1888. The information was filed April 15, 1893, and the trial thereafter resulted in a verdict against both defendants of guilty of murder in the second degree, and in a judgment that they be *506 imprisoned in the state prison at Folsom for the term of thirty years. From this judgment, and from an order denying their motion for a new trial, they have appealed.

The theory of the prosecution at the trial was that on the evening of March 6, 1888, Damon went into a disreputable house, known as the “Mobile House,” situate at the southeast corner of Second street and the alley between L and M streets, in the city of Sacramento; that defendants were also in the house, and that, with the intent to rob Damon of his money, and with the aid of one Kate Cooper, who was with them, they induced him to drink some whisky, in which they had put a large quantity of morphine, and that the drinking of it caused his death. It was proved that, about 5 o ’clock in the afternoon of the day named, Damon went to the Western Plouse and ate his supper, and then went down…