People v. Murphy

COOPER, C.

Defendant was convicted of murder, and prosecutes this appeal from the judgment and order denying his motion for a new trial.

He was one of several convicts who escaped from the state prison at Folsom on the morning of July 27, 1903. Most of the convicts engaged in the escape were armed, either with knives, razors, or dynamite. In the very beginning of the outbreak, and during the first attack or rush into the captain’s office, Cotter, one of the guards, was stabbed by one Andy Myers, a fellow-convict, and died from the wounds so received.

Defendant was convicted upon the theory that…