Gagan

The defendant was tried before a jury and convicted of manslaughter. He appeals on a typewritten record from the judgment and from the order denying him a new trial.

The evidence is that the defendant, while under the influence of intoxicating liquor, was operating a Chevrolet coupe along Oak Street, in the city of Oakland, at an excessive rate of speed. Other machines traveling ahead of defendant along Oak Street in the same direction had stopped near the intersection of Fourteenth Street to permit the traffic to pass on that street. At that time the deceased left the sidewalk on Oak Street and attempted to pass behind a Nash sedan, which was the last of the line of cars to stop on that street. When she was directly behind the Nash the defendant’s car, without slackening its speed, crashed into the Nash, striking the deceased with such force that she died soon thereafter.

On this appeal it is said that the evidence is insufficient to support the verdict. The portion of the evidence just stated is sufficient for this purpose.

It is stated that the verdict was rendered by reason of passion and prejudice; that the trial judge erred in decisions on questions of law, and that many…