Griffin

This is an appeal by defendant from a judgment of conviction of murder of the second degree following a trial before the court sitting without a jury.

The evidence shows that defendant had loaned a dollar to one Williams upon his statement that he would repay defendant that same evening. However when defendant asked Williams for the return of the money, Williams stated he would pay the defendant when he got it. The following morning while the two men were in a bar in the city of Stockton, the subject of the loan was brought up again. Williams informed defendant he wasn’t going to pay him the money. Williams thereafter left and with one Mingo walked across the street to a second bar. A few moments thereafter defendant entered the second bar and again demanded the money from Williams. When Williams informed him he had no money, defendant became angry and was admonished by Mingo to be quiet. Shortly thereafter Williams and the defendant came out of the bar and continued their argument on the sidewalk. Before leaving the bar defendant made sure that he had his knife in his pocket. Williams stood facing the defendant, holding his coat over his arm with his hands at his sides.…