Crimmin

The defendant appeals from a judgment of conviction of the crime of manslaughter and from the order denying his motion for a new trial.

At about 11:30 A. M. March 18, 1921, the defendant was arrested for drunkenness at Stockton and placed in the “drunk cell” of the county jail with other intoxicated men. At 4:10 P. M. the jailer entered the cell to give the prisoners their meals and found them all asleep. He called them two or three times, but did not succeed in awakening them. At 10:15 that evening one of the prisoners was found dead upon the cell floor, the skull fractured in several places, some of the bones of the face broken, the neck bruised and dislocated, and with blood on the face and hair. The defendant at that time was lying in his bunk. His° shoes and pants were bloody. The officer said to him: “That man is dead. Did you do it?” The defendant replied: “I guess I will be tried for murder.” One of the witnesses testified that between 8 and 9 o’clock the next morning the defendant said: “I have been drinking very heavy. ... I have been drinking alcohol.” On being asked if he hit the deceased the defendant said: “Yes, I hit him; he annoyed me in my cell, pulling my…