People v. Keelin

Appellant was indicted by the grand jury of Tuolumne County under a charge of murdering one Raymond T. Etherton. He was tried and the jury found him guilty of murder of the second degree. He appeals from the judgment which followed and from the order denying him a new trial.

We may say generally that it was the theory of appellant that on the occasion of the killing Etherton had burglariously entered appellant’s domicile and was in the act of stealing money; that whatever wounds appellant inflicted upon Ether-ton were inflicted at that time and place and that, under the circumstances, the…