Condley

Defendant was charged with the crime of murder. The jury returned a verdict finding him guilty of manslaughter. He appeals from the judgment of imprisonment and from an order made denying his motion for a new trial.

The information of the district attorney charged that defendant, on or about the sixth day of March, 1921, in the county of Tulare, with malice aforethought, killed Joseph Silva.

A brief summary of the evidence, gathered from the quite voluminous record presented, is all that will be necessary to be made in order to properly present the contentions of appellant. The deceased’s wife was the mother of the wife of appellant. Silva was her second husband, she having been divorced from the father of Mrs. Condley. The Condleys had been married about twelve years and had four children, the eldest of whom was, at the time of the trial, of the age of ten years. Appellant had not lived happily with his wife during the year or so preceding the tragedy, and blamed his mother-in-law, Mrs. Silva, for, as he insisted, having tried to influence his wife against him. The Silvas and appellant lived near the town of Lindsay on ranches located in close proximity to each other. On the…