People v. Clark

Gibson, C.

The appellant, Clark, who was charged with the commission of the crime of murder, and was convicted of murder in the second degree, brings this appeal from the judgment, and an order denying a new trial.

At the trial the defendant admitted that he killed Garret Fitzgerald, but endeavored to show that he did it in necessary self-defense. The evidence discloses that the homicide took place in the mountains of Mendocino County, where both the defendant and the deceased were engaged in stock-raising. The deceased, with his sou, step-son, and another man, were driving a band of about two…