People v. Smith

Searls, C.

— The defendant, Fremont Smith, was convicted of murder in the first degree, and sentenced to suffer the extreme penalty of the law, for the feloni*76ous killing of one Dolph, at the county of Colusa, state of California.

The appeal is from the judgment and from an order denying defendant’s motion for a new trial.

The first point relied upon by appellant for a reversal is that the evidence is insufficient to j ustify the verdict of the jury.

The defendant was the owner of a span of horses, harness, and buckboard wagon.

In the fall of 1893 he formed a partnership in the fishing business…