Mount

Appellant was charged by information filed by the district attorney of Los Angeles County with the crime of murder. From the judgment upon a verdict of guilty of manslaughter, and an order denying the defendant’s motion for a new trial, this appeal is prosecuted.

Four assignments of error are stated, as follows:

First. “A dying declaration, or statement, was admitted in evidence contrary to law, and to the injury of this appellant ; the said declaration is set forth on pages 69 and 70 of the reporter’s transcript.”

Second. “The statement made by the defendant, alleged to be a confession, as found on pages 33 to 70 of the reporter’s transcript.”

Third. “The court allowing testimony to be introduced as to instruments in Dr. Mount’s Belvedere office a long time prior to the 15th of November, 1927, as found on pages 187 and 205 of the reporter’s transcript, wherein the witness, Dr. J. J. Mortensen, testified, beginning on page 193, that in the fall of 1924 the defendant had instruments, and various instruments, that could be used to produce an abortion. ’ ’

Fourth. “The fourth assignment of error relied upon by this appellant is the error in giving instructions, and the failure…