Nuno

Defendant, a Japanese, was accused by information filed by the district attorney of the crime of murder and was convicted of manslaughter. He made a motion for a new trial, which was granted upon the ground that the evidence was insufficient to justify the verdict. From this order the district attorney has appealed.

The defendant was in charge of an orchard situated on Duarte Road, Arcadia. He had been having trouble in protecting the orchard from numerous petty thieves. The deceased, Victoriano Sanchez, and two other Mexican youths entered defendant’s orchard and began stealing plums. Defendant’s attention was called to the three boys while they were in the orchard, but before he could reach them they left and went down the road a short distance and began eating part of the plums. Defendant drove up with his automobile accompanied by his wife and children. Sanchez was ■the largest of the Mexican boys and was considerably larger than the defendant. The testimony of the other two boys, Torres and Barrios, who testified for the People, differs from that of the defendant. They stated that after some conversation the defendant grabbed the arm of Sanchez, whereupon all three ran into…