Anderson

On April 29, 1931, the appellants, together with a companion named Annala, were arrested for drunk and disorderly conduct and were incarcerated in the Lincoln Heights jail in the city of Los Angeles, and placed in a cell which was at that time occupied by one prisoner, McDonald. During an altercation between the appellants and McDonald, the latter sustained injuries which resulted in his death a day or two later. Appellants were charged by information with the crime of murder and upon trial by jury they were found guilty of the crime of manslaughter. From the judgment entered pursuant thereto, and from the order denying their motion for a new trial, they prosecute this appeal.

Appellants contend (1) that the trial court erred in refusing to instruct the jury to bring in a verdict of “not guilty”; (2) that the court erred in refusing to permit witnesses for the prosecution to testify to certain conversations had with appellants shortly after the disturbance in the jail; (3) that the court erred in giving certain of the instructions given and in refusing to give certain instructions which were requested by appellants; . (4) that the evidence is insufficient to sustain the verdict…