State v. Vasquez

By the Court,

LEONARD, C. J.:

Appellant was convicted of murder of the second degree. This appeal is taken from the judgment and from an order overruling a motion for new trial. At the trial appellant testified in his own behalf, and in substance stated that, at the time of. the homicide, he and Garcia, -.the deceased, were friends; that he had no reason for killing him, and no desire to do so, and that Garcia’s death was the result of an unintentional discharge of his pistol.

The court instructed the jury, if they believed from the evidence, that the deceased met his death by the uninten*43tional…