Wilson

The defendant having been convicted of the crime of manslaughter, appeals from the judgment. The facts shown by the evidence at the trial of this case are substantially the same as indicated in the statement made by this court on á former appeal and contained in 23 Cal. Appellate Reports, at page 513 et seq. [ 138 Pac. 971 ],

The errors which led to a reversal after the former trial have not been repeated at the last trial, and it is only necessary to consider points urged with respect to matters newly arising in the present record.

The court did not err in admitting in evidence the testimony of Seth Traut as given at the former trial. The return made by the sheriff showing his inability to find Mr. Traut and serve a subpoena upon him, and the testimony of .the sheriff on the same matter, were sufficient to support the ruling of the judge that due diligence had been shown and that the witness could not be found within the state. This was a subject to be determined within the discretion of the trial judge, and since there was evidence to support his conclusion, the ruling cannot be disturbed. (People v. Lederer, 17 Cal. App. 374 , [ 119 Pac. 949 ].)

The admission of this…