Herges

Defendant was charged with the crime of murder and also with having suffered a prior conviction of the crime of burglary. Upon his arraignment he admitted the charge of prior conviction to be true, and upon trial was found guilty of manslaughter. This is his appeal from the judgment and order denying his motion for a new trial.

The first point presented in appellant’s brief is that the evidence was insufficient to justify the verdict of guilty of manslaughter. Upon this point appellant states his position as follows: “It is the contention of the appellant that the evidence presented cannot justify the verdict of manslaughter. That upon the evidence produced for the state the defendant should either have been convicted of murder or have been acquitted, and that the defenses of either self-defense or insanity, if believed by the jury, should have produced an acquittal. If not believed, the verdict should have been murder. ’ ’ In other words, appellant concedes that the evidence for the prosecution would have justified a verdict of guilty of murder. If so, it necessarily follows that the same evidence was not only sufficient, but more than sufficient, to support a verdict for…