Hales

The defendant in this case was charged with the crime of murder, convicted of manslaughter, and séntenced to five years’ imprisonment in the state prison at San Quentin. He has appealed from the judgment of final conviction and from an order denying a new trial.

The only point presented for a reversal is the alleged insufficiency of the evidence to warrant the verdict and support the judgment.

Briefly stated, the circumstances leading up' to and immediately attending the killing of the deceased were these: The defendant was a sailor. The deceased was a woman of the underworld. She had been consorting and carousing with the defendant for several days. The carousal culminated in a quarrel, which eventually developed into a physical encounter, during which the defendant repeatedly beat the deceased with his clenched fists about the head and body, and finally felled her with a blow upon the jaw. While the deceased was prostrate the defendant with his hooted foot kicked her viciously and violently in the small of the back and also in the region of the groin. As a result of the beating the deceased received at the hands of the defendant she was badly bruised about the face and breast.…