Moreno

Appellant was accused of the crime of murder by an information filed by the district attorney of Riverside County. The jury found him guilty of manslaughter, and after the pronouncement of judgment he prosecuted this appeal.

Appellant relies upon four grounds for a reversal of the judgment as follows: That the evidence is insufficient to support the verdict; that the court erred in permitting the prosecution to introduce a purported confession of the defendant, no corpus delicti having been proven; that the court erred in permitting the prosecution to introduce into evidence parts of a broken bottle; and that a remark by the court, made during the trial was prejudicial to defendant.

The evidence in this case discloses that the deceased, Bartola Ramirez, an old man of the age of about eighty years, lived with Margarita Perla in the city of Corona. On the evening of August 23, 1930, appellant, Bonifacio Reyes, and several others were engaged in a drinking bout at the home of deceased. They left early in the evening. Between 3:30 and 4 o’clock A. M., August 24th, deceased and Margarita Perla were awakened by persons knocking on the rear door of the house and on the windows.…