Chutuk

The defendant and appellant was informed against by the distriet attorney of Los Angeles county for the crime of murder. He was convicted of manslaughter, and the judgment of the court was that he stiffer impr.isónnmnt thi the state prison for the term of two years. He appeals from the judgment and an order denying a new trial.

There is evidence in the record tending to establish these facts: The defendant, a sewer contractor, on the date of the homicide was engaged in superintending the work of excavation in front of the property of one Webb. A controversy arose between the contractor and Webb with reference to the manner in which the work was done, Webb claiming that there was an unnecessary infringement of his rights of ingress and egress to his property. Both parties seem to have become very angry over the controversy. Both were unarmed. Webb, however, at the conclusion turned to go to his house, when defendant and appellant struck him a violent blow with his fist on the side of the jaw and neck, causing a fracture of both jaws and of the thyroid and critoid cartilages. Webb, from the injuries received from the blow, shortly thereafter died. There can be no question but that…