Bush

Appellant was charged with the murder of one Thomas King. The information alleged that appellant had served a term in state prison after a prior conviction of manslaughter. Appellant at first denied but later admitted the former conviction. After a jury trial, appellant was found guilty of murder in the second degree and sentenced to state prison.

*119 The two grounds upon which a reversal is sought are stated in appellant’s opening brief as follows:

The killing occurred at about 11:30 p. m. on May 11, 1958, at a pool hall located on South Central Avenue in Los Angeles. It is undisputed that the victim, Thomas King, died as a result of stab wounds in the chest and neck, inflicted by appellant in the course of an altercation between the two men. The prosecution called two eyewitnesses, Washington and McGlothen, whose testimony as to their observations with respect to the details of the altercation appears to be somewhat conflicting.

Washington testified that he had known appellant and King prior to the evening in question; that on that evening at about 11:30 p. m. he saw appellant and King in the pool hall and heard King say to the appellant that “he didn’t want to talk to him…