Kelley

Under an information duly filed in the superior court of Humboldt County charging him with the crime of murder, the defendant was found guilty by the jury of the crime of involuntary manslaughter, and this court is asked to review the record and set aside the verdict for alleged errors of the trial court, presented here on an appeal from the judgment of conviction and the order denying the defendant a new trial.

The facts as disclosed by the record are these: At about the hour of two o’clock on the morning of May 22, 1913, the defendant shot and killed one Edward B. Schnaubelt, the homicide having occurred in the northern part of Humboldt County on property belonging to the Lagoon Lumber Company. Said company acquired said property by deed, dated December 28, 1910, from the Humboldt Shingle Company, the latter company having for many years prior to said transfer of the property maintained and operated a shingle mill thereon. While the property was owned by the last named company, the deceased was, for many years, superintendent of the shingle mill, and, with his family, resided on the premises. The deceased was finally compelled to surrender possession of and remove from the…