Bernhardt

By indictment the defendants Julius Bernhardt, Vivienne Dunham and William E. Lund were accused of two crimes. In count I it was charged that they had committed the crime of conspiracy to violate section 2141 of the Business and Professions Code. In count II they were alleged to have committed the crime of manslaughter (Pen. Code, § 192) on or about February 16, 1961; the person alleged to have been killed was Ladean Stojakovich.

The defendants were doctors of chiropractic. Mrs. Stojakovich died shortly after she gave birth to a child. The defendants were present at the delivery. In a trial by jury, each defendant was found guilty of the crimes charged. Each has appealed from the judgment and from the order denying Ms or her motion for a new trial. Since there is no appeal from such an order, the appeals from each order must be dismissed. (Pen. Code, § 1237; People v. Eppers, 205 Cal.App.2d 727, 728 [ 23 Cal.Rptr. 222 ].)

A proper consideration of the contentions of the defendants that prejudicial error occurred with respect to the instructions given to the jury as to the applicable law requires a statement of a large portion of the evidence.

Edward M. Carr was called as a…