Singh

The defendant was charged with the murder of Kehar Singh. He was convicted of manslaughter. From the judgment which was rendered accordingly and from an order denying his motion for a new trial this appeal was perfected.

It is contended the evidence fails to support the judgment of conviction of manslaughter; that the court erred in its rulings admitting and rejecting evidence; and in giving.and refusing certain instructions to the jury. It is also claimed the prosecuting attorney was guilty of prejudicial misconduct in the course of the trial.

March 2, 1933, an affray occurred in an inn conducted by Huleara Singh at Walnut Grove between the defendant and Kehar Singh. There were several individuals present. All parties who were present belong to the Hindu race. About 8 o’clock in the evening Kehar sat upon a bench in the main room with other men. The defendant, who is a merchant, entered the room and accused Kehar of interfering with his sale of groceries. After soirie controversy over the matter, the defendant seized Kehar Singh and threw him to the floor, kicking and hitting him and finally crushing his chest with his knee. Kehar was apparently helpless and unable to resist…