Adkins

Defendant was informed against by the district attorney of Solano County for the crime of murder. He was thereupon tried and convicted of manslaughter and he prosecutes this appeal from the judgment and order denying his motion for a new trial.

It appears from the evidence that on the evening of November 16, 1919, the defendant, in the company of Bessie A. Hamilton, Hazel Chapman, and Walter W. Foster, was present at a road house known as Monreal’s Place, situated about two miles outside of the city of Vallejo. Defendant and his party engaged in dancing for about an hour and a half when the deceased, -Charles Denio, with his wife, Martha Denio, and his brother-in-law, Stewart B. Reynolds, and the wife of Stewart B. Reynolds, entered the dance-hall and took a table which was unoccupied and had accommodations for four, and said deceased and his party took seats thereat. That shortly thereafter the defendant left his seat and proceeded to the deceased’s table, where at the time were seated Mr. and Mrs. Stewart B. Reynolds, the deceased and his wife having left the table and not being present at the time, and asked Mrs. Reynolds, to whom he was a stranger, to dance with him. Mrs.…