Attema

Appellant was charged in the superior court in and for the county of Santa Clara with the crime of murder, was convicted of manslaughter, and from the judgment and order denying a new trial has appealed, urging as grounds for reversal that the evidence was insufficient to justify the verdict, that the conduct of the court and the prosecuting attorney was prejudicial to the substantial rights of the appellant, and assigns as error rulings of the court in admitting and rejecting evidence and in giving and refusing to give instructions.

Appellant, with his wife, Carrie Attema, was, on November 8, 1924—the date of the commission of the crime charged— residing in the city of Gilroy. On that day the funeral of their minor child took place, and among those in attendance were Patty Sheridan—with the murder of whom appellant was charged—and Terry Sheridan, his brother. After the funeral appellant and his wife returned to their home, being followed shortly thereafter by the Sheridan brothers, both of whom were, according to the evidence, under the influence of intoxicants. While all were gathered in the kitchen of the dwelling, a dispute arose between appellant and the deceased, the…