Hail

The defendant; having been convicted of the crime of manslaughter under an information filed in the superior court of Plumas County, charging him with the crime of murder, alleged to have been committed at Quincy, in said county, on the sixteenth day of August, 1913, prosecutes these appeals from the judgment and the order denying him a new trial.

The assignments of error are numerous and may be stated in orderly sequence as follows: 1. That the evidence does not support the verdict; 2. That the court erred in certain rulings whereby certain evidence was admitted and certain evidence excluded; 3. That the district attorney, during the trial of the cause and in his argument to the jury, was guilty of misconduct seriously prejudicing the substantial rights of the accused; 4. That, in its charge, the court misdirected the jury in matters of law; and, 5. Newly discovered evidence, etc., etc.

In view of the conclusion we have reached that the judgment must be set aside on the ground of substantial prejudice suffered by the defendant by reason of certain remarks by the district attorney in his argument to the jury, it will be unnecessary to notice the other assignments. . A…