Stokes

Defendant was convicted of the crime of manslaughter, and sentenced to imprisonment in the state-prison for a term of five years. This appeal is from the-judgment and from the order denying the defendant’s motion for a new trial.

The claim urged by defendant’s counsel that the evidence-is insufficient to support the verdict is without merit. While the evidence shows that the defendant and the deceased had, prior to the homicide, been friends, and had been drinking heavily during the evening and night on which the homicide-occurred, and were both intoxicated, it further shows that the death was caused by the head of deceased striking the pavement or hard sidewalk as the result of a fall from a blow inflicted by defendant, and that the parties had been quarreling ; and there is evidence to the effect that the. deceased called defendant a name and struck or pushed him back;, but considering the fact that the deceased was so intoxicated, at the time that he could hardly stand, and that the question as to whether or. not the blow inflicted by defendant was or was not in necessary self-defense, was one peculiarly for the jury under all the evidence and circumstances of the case, we do…