People v. Sherman

The Court.

Upon information accusing the defendant of the crime of murder he was convicted of man- * slaughter, and sentenced to the state prison for the term of six years. He appeals from the judgment and from an order denying his motion for a new trial.

It was proved, and not disputed, that about one o’clock, A. m., on June 20, 1893, in Mendocino county, he shot and killed G. W. Parker, but it is claimed for appellant that the killing was done in self-defense, and therefore was justifiable; and' so it appears from the .evidence without conflict.

It appears that six witnesses were present at…