Carrillo

By an information filed in the trial court on the fifth day of October, 1929, the appellant was charged with the crime of murder, in that she did, on or about the second day of October, 1929, unlawfully, wilfully and with malice aforethought, kill and murder Rosaleo Carrillo. Upon the trial had pursuant to said information the appellant .was convicted of the crime of manslaughter. Her motion for new trial having been denied, an appeal was taken to this court.

The record shows that the appellant and the deceased were husband and wife and belonged to a very low stratum of society. It would serve no useful purpose to set forth the testimony at length, and we content ourselves with the statement that the testimony is amply sufficient to support the verdict.

It appears that the deceased and the appellant were living on a small farm, and, while there, had been engaged in unlawfully making wine, and also using the same to a greater or less degree; that on the day of the homicide they had had some controversy over a cask of wine which the deceased, acting apparently under an agreement to discontinue the making of wine and the using thereof, was proceeding to empty, and the appellant,…