Barrett

Upon an information charging him with murder defendant was convicted of manslaughter, the judgment of the court being that he be imprisoned for a term of ten years. He appeals from the judgment and an order of court denying his motion for a new trial.

At the time of the tragedy, defendant was a police officer in the city of Riverside, and John R. Báird, the deceased, was the acting chief of police of said city. At about midnight on December 14, 1912, defendant met Baird and Policeman Lucas, when deceased, after some conversation with defendant, told him that he had been drinking. All three of the parties repaired to the police station, where Baird and defendant sat down in the front office and talked the matter over in the presence of Lucas. During this talk Baird said to defendant: “Bert, you have been drinking,’’ and receiving no reply, added: “You are drunk enough to be thrown down stairs.” At this defendant applied to deceased a vile epithet, but immediately withdrew it, stating that he was sorry he had said it, at which, after a few minutes further conversation, apparently, as witness Lucas states, free from anger or excitement, they, at the command of Baird, went into the…