Luzovich

The defendant was charged with the murder of his father. He was convicted of manslaughter and sentenced to imprisonment in the state prison for a term not to exceed ten years. Prom this judgment an appeal was perfected.

It is contended the court erred in admitting in evidence an alleged involuntary confession of the defendant, and other evidence to which objections were made; that the court failed to instruct the jury on its own volition regarding the defense of justifiable homicide according to the provisions of section 197 of the Penal Code, and that the defendant should have been tried in the juvenile court.

The defendant, who was but seventeen years of age, lived with his father and mother at Oroville. The family had lately moved to California. They were Slavonians and were very poor. Domestic trouble existed between the husband and wife. The defendant had been severely punished by his father. There was evidence that the deceased had choked his wife and that he had threatened to poison and kill both his wife and the defendant. The night before the homicide a quarrel occurred between the husband and wife. The defendant and his father had been placer mining on the Feather…