Walls

Appellant was convicted of involuntary manslaughter (Pen. Code, § 192, subd. 2) after trial to the court without a jury. He appeals from the judgment.

On Tuesday, January 14, 1964, appellant Walls stayed home from his job because of illness. Portions of his apartment being wet from a paint job, he and his wife Ruth Marie were at the home of a Mrs. Bolton, the grandmother of Linnea Provins, the victim of this unfortunate crime. Linnea was 4 years old and was also appellant’s niece.

At 2:30 p.m. of the same day appellant and wife decided to return to their apartment and invited Linnea, Linnea’s mother, Norma Provins, and Mrs. Bolton, the grandmother, to come and inspect the new paint job. Appellant departed on his motorcycle. His wife, Linnea and Linnea’s mother followed in a car. Appellant arrived first, tested the paint to see if it was dry. He then went into his bedroom and put on a holster and gun recently purchased to show it to Linnea’s mother.

When the others entered the house Ruth Marie smeared a little paint on the sleeve of her coat from the freshly painted screen door. There was a brief discussion between appellant and his wife concerning methods of removing the paint.…