Dugat

The defendant was charged with the crime of manslaughter, and with no other offense. He was found guilty of this offense and from that judgment, and the order denying his motion for a new trial, this appeal was taken.

During the course of the trial the district attorney insisted upon calling the charge against the defendant murder and introduced, as part of the state’s main case, certain evidence which might tend to show threats, malice and previous motive. The People attempt to excuse this order of proof- on the theory that certain evidence was given by the defendant at a coroner’s inquest, and the People claim they had a right to anticipate a possible defense in accordance with such testimony there given.

The trial court in its instructions correctly laid down the law as to manslaughter and in clear and concise language instructed the jury as to what evidence they could consider, and laid down in such instructions a strict rule to the jury, directly instructing them at length that evidence tending to prove other offenses must not lead them to convict on that evidence, nor on less evidence than sufficient to warrant a conviction under the law of the offense charged, to wit,…