Jeans

The defendant was charged with the crime of murder and was convicted of manslaughter. He has appealed from the judgment and the order denying his motion for a new trial

The evidence is amply sufficient to support the verdict and judgment and appellant makes no contention to the eon trary. In appellant’s brief it is said: “Two points are made on the appeal, viz.: 1. That the court erred in refusing to give an instruction requested by the defendant; and 2. That the district attorney was guilty of misconduct prejudicial to the defendant.”

The instruction referred to reads as follows: “I charge you that every witness is presumed to speak the truth. This rule applies to the testimony of the defendant if he takes the stand in his own behalf as well as to that of any other witness. You are instructed that his testimony is not to be disregarded or discredited or entitled to less weight for the reason that he is the defendant and stands charged with a criminal offense. He is entitled to the same privileges and his testimony is to be weighed by you with the same care and by the same rules as that of any other witness.” The proposed instruction was properly refused for the reasons stated…