People v. Richardson

Defendant was convicted after trial by jury of murder in tlie second degree. From the judgment and order denying his motion for a new trial he appeals. There is also a purported appeal from the verdict and sentence.

Viewing the evidence most favorable to the prosecution (People v. Dukes, 90 Cal. App. 657, 659 [266 Pac. 558]), the facts are these:

June 11, 1937, at about 1 o’clock in the morning, while Roy Brown, Miss Gertrude Brown, defendant, his wife, and others were riding in defendant’s automobile, Roy Brown and defendant engaged in an argument over the amount of gasoline then in the car.…