Emmons

The appellant was convicted by a jury of the crime of manslaughter. He was also charged with having driven an automobile while under the influence of liquor, and the information further alleged that he had previously served a sentence for a felony. Under instructions of the trial court the jury found him not guilty of the second offense. A motion for a new trial thereafter presented was denied. He appealed from the judgment and from the ruling last mentioned.

The grounds of appeal consist of objections that the verdict and judgment were unwarranted—in that the acts or omissions proved did not amount to lawful acts unlawfully committed nor to unlawful acts as contemplated by the Penal Code—and that the court erred in instructing the jury.

Appellant’s testimony as to the occurrence was, substantially, that, accompanied by a Mrs. Hazel N. Dunn in the front seat of his automobile, and by two other persons in the rear seat, he drove from Long Beach toward Venice on the night of October 17-18, 1930; that because of a heavy fog he turned back. He swore that during their return Mrs. Dunn drove, and that he sat on the right-hand side of the car; that shortly before they arrived in the…