McDonnell

Defendant was charged with the murder of Charles Cosker and convicted of manslaughter, and he appeals from the judgment and the order denying his motion for a new trial.

In pointing his contention that we should hold as a matter of law that the conviction was unwarranted by the showing made, appellant presents a fairly comprehensive and accurate epitome of the evidence which we may substantially reproduce.

It is admitted that defendant at his home killed deceased, February 16, 1916. Deceased went to the home of defendant about 7 o’clock in the evening, and together they went to the house of one McKenzie, a short distance away. About 8 o’clock the two left McKenzie’s, Cosker announcing that he was going to the Chinese store with a present of pie and bread for the owner. While at the store each had two drinks of liquor. They returned to the home of McKenzie about 9 o’clock and, at their joint invitation, he accompanied them to defendant’s home. There they all drank liquor furnished by defendant, and Cosker occupied most of the time in lauding and reciting extracts from speeches of President Wilson. Several times he invited his two auditors to come to his house and read the…