Cunningham

The defendant was accused of the crime of manslaughter in an indictment returned to the superior court in and for the county of Sacramento by the grand jury of said county. Said indictment charges that on the thirtieth day of March, 1923, in said city, the defendant “did then and there willfully and unlawfully and feloniously kill one James Seadler, a human being.” Upon a trial of the defendant upon said charge the jury returned a verdict of guilty and the defendant appeals from the judgment and the order denying him a new trial.

There is but one point urged for a reversal and that is that the evidence is insufficient to support the verdict.

It appears that, between 11 and 12 o’clock on the night of the thirtieth day of March, 1923, the defendant, while driving an automobile through and over M Street in the city of Sacramento, ran into or against the deceased, who was then in the act of crossing from the south to the north side of M Street on Twentieth Street, in the city of Sacramento, causing the latter to be thrown violently to the ground; that the deceased sustained serious injuries, from the effects of which he died at the emergency hospital in the city of Sacramento within…