Newsome

Under an information charging him with the crime of murder, the defendant was convicted of the crime of manslaughter, in the superior court in and for the county of Stanislaus, and he appeals from the judgment and the order denying his motion for a new trial.

[1] The single ground upon which the defendant attempts to sustain his appeal is that the evidence does not support the verdict. It is only necessary briefly to repeat herein some of the testimony received at the trial to show that the point relied upon by the defendant is entirely without merit.

The homicide occurred at the town of Newman, in Stanislaus County, in the early morning of November 26, 1919, and the name of the party slain was Felix Van Yleet. The defendant, Newsome, at the time of the homicide, was a night policeman in the town of Newman, a position he had held for several years.

On the evening of November 25, 1919, at the hour of 6:30, the witness, A. Swanson, who was then employed as a truck driver for a concern in Newman known as the Globe Dairy Products Co., having previously arranged to go to the ranch of a Mr. Azavedo, near Newman, to get some turkeys for use on Thanksgiving Day, started for said ranch…