Bray

Defendant was convicted of manslaughter. He appeals from the judgment of conviction and from an order denying his motion for a new trial. [1] He also has given notice of appeal from an order denying his motion in arrest of judgment, but as no appeal from an order of that character finds.any warrant under our Penal Code, the attempted appeal therefrom must be disregarded. (Pen. Code, sec. 1237.)

The information charges that on or about October 27, 1918, in the county of Los Angeles, defendant wrongfully, unlawfully, and feloniously, and with malice aforethought, did kill and murder one Bertha May Wiswell.

The following summary of some of the facts will suffice for an understanding of the questions presented. Por some time prior to October 19, 1918, defendant and the deceased had been living together in an apartment house on Main Street, in the city of Los Angeles. The deceased was a married woman. She had been married to one Kent Wiswell, from whom she had not been divorced, and who was still alive at the time of her death, but from whom she had lived separate and apart for some years prior to the homicide. About 3 o’clock on the morning of October 19th, the deceased returned to…