Hopper

The defendant appeals from a judgment rendered against him upon conviction of the crime of manslaughter.

[1] Appellant charges the district attorney with misconduct in making a certain statement in his argument to the jury. No assignment of such misconduct was made by defendant at the time when the statement was made to the jury, and the objection will not be considered now.

Appellant claims that the court erred in refusing the following instructions requested by him:

The court did not err in refusing any of these requested instructions. [2] Under the first point, appellant relies upon section 1847 of the Code of Civil Procedure. The requested instruction does not conform to that section. Moreover, no evidence was offered in this case for or against the reputation of the defendant in any particular, and we are unable to see that appellant has been prejudiced by the absence of this instruction, even if appropriately it could have been given.

The second point is sufficiently met by the fact that the court did give to the jury the following instruction: “The jury are instructed that the defendant as a reasonable man, knowing what he knew and seeing what he saw, had a right to act…