Marty

Appellant and one Guthrie were informed against jointly and were tried jointly for the murder of one Aeeneion Correa. Both were found guilty of manslaughter. The appeal is from the judgment of conviction and from the trial court’s order denying appellant’s motion for a new trial.

The sole point made by appellant is that the evidence in the cause was insufficient to support the verdict. The question presented is to be resolved upon a construction of section 31 of the Penal Code, which, quoting so much of it as bears upon the point, is in this language: “All persons concerned in the commission of a crime, \ . . whether they directly commit the act constituting the offense, or aid and abet in its commission, . . . are principals in any crime so committed.” Appellant did not directly commit the crime with the perpetration of which he and Guthrie were charged, and we are therefore called upon to determine whether he was “.concerned” in its commission and, if so concerned, whether he did “aid and abet in its commission.”

In solving this problem we do not find it necessary to go beyond the facts stated in appellant’s brief, taken together with fragments of the testimony quoted therein,…