Rodriguez

By information defendant was accused of manslaughter in that on November 8, 1959, she did wilfully, unlawfully, feloniously, and without malice kill Carlos Quin-ones. In a nonjury trial she was found guilty of involuntary manslaughter. A new trial was denied. She appeals from the judgment and the order denying a new trial.

In November 1959 defendant was living with her four children in a single-family residence at 130 South Clarence Street, Los Angeles. The oldest child was 6 years of age. Carlos Quinones was the youngest, either 2 or 3 years of age.

Olive Faison lived across the street from defendant. About 10:45 p.m. on November 8, 1959, Miss Faison heard some children calling, “Mommy, mommy.” For about 15 or 20 minutes she did not “pay too much attention.” She noticed the cries became more shrill. She went to the front window and saw smoke coming from defendant’s house. She “ran across the street and commenced to knock the door in and started pulling the children out.” There was a screen door on the outside and a wooden door inside the screen door. The screen door was padlocked on the outside. The other door was open. She broke the screen door and with the help of neighbors…