Zachary

Under an information charging defendant with murder, he was found guilty of manslaughter. From the judgment pronounced upon the verdict, and from on order denying a new trial, defendant appeals.

The undisputed facts as they appear from the transcript are these: Defendant with his family lived on a ranch in Inyo County. The deceased made a social call at defendant’s house in the evening while the family were at dinner. During the conversation among the family it was suggested that probably there could be found ripe melons in a field near the house. Deceased thereupon suggested to the wife of defendant that she accompany him and they would go out and get the melons, or see if they were ripe. They accordingly left the house and went out to the melon field. Some little time thereafter the husband followed them and, when going through a corral near the place where the melons grew, discovered his wife and deceased in a compromising position, both parties lying upon the ground. Defendant took hold of Ms wife and shook her violently, during which encounter a revolver fell from his pocket upon the ground. Defendant let go of his wife and reached for the revolver. The deceased at about the…