Gibson

This is an appeal by the defendant from a judgment of conviction of the crime of manslaughter. He had been charged by information with murder, but the jury found him guilty of the lesser crime.

It is contended that the evidence is insufficient to sustain the verdict. There is a conflict in the record, not only as between testimony of witnesses, but in possible inferences to be drawn from much of that testimony. Had the jury chosen to believe all testimony in the record and drawn all inferences therefrom most favorable to the defendant, they would have had substantial reasons for acquitting the defendant upon the theory that he had killed Sanford in self-defense; but the jury has chosen to disregard such testimony and such inferences and to accept as facts the testimony appearing in the record which is inconsistent with the theory of the defense. We shall review, briefly, such testimony, and its presence in the record is a complete answer to appellant’s position upon this aspect of the case.

On January 16, 1924, defendant rented a flat at 2300 California Street, San Francisco. He testified that he intended to move into it with his family when his rent was due upon premises at 561…