People v. Milner

Defendant, tried for the murder of S. J. Darrah, was convicted of manslaughter. He appeals from the judgment and from the order denying him a new trial.

*172The facts are presented without conflict upon any material proposition, and under them defendant’s counsel strenuously insist that the verdict is against the evidence.

Milner and Darrah were neighbors, living in Snow Creek canyon. Darrah’s was the lower ranch, and to reach his land Milner was obliged to pass through the land of Darrah. Milner had sold to Darrah this land, reserving in the deed a right of way across it, and reserving also from…