STONE, J.
This is an appeal from a judgment and sentence (Pen. Code, § 1237, subd. 1) of second degree murder, after a trial by jury.
About 5:30 p.m. on July 31, 1964, appellant was sitting on the curb in front of the stairway entrance to a second-floor hotel in the "West End" of Sacramento. James Ranson, Jr., emerged from the hotel entrance, crossed the sidewalk, and struck appellant on the back of the head with a stick. The stick broke and Ranson turned...
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