Turner

The defendant was convicted upon an information charging her with the offense of manslaughter, and appeals from the order denying a motion for a new trial and from the judgment of conviction.

Upon this appeal the principal grounds urged for a reversal are that the verdict is not sustained by the evidence ; that the court erred in its instructions to the jury; and that prejudicial error was committed in calling in a person, who was not a judge of any superior court of the state of California, to pass upon the defendant’s motion for a new trial. Several minor points are also set forth as reasons why the judgment herein should be reversed. By rea son of the conclusion at which we have arrived, it is not necessary for us to discuss more than one of the principal reasons urged for reversal, to wit: Alleged errors in instructions given by the trial court to the jury. Whether the evidence is or is not sufficient to sustain the verdict, or whether error was committed in calling in someone, not a judge of the superior court, to pass upon the defendant’s motion for a new trial, will be shown to be immaterial when we have stated our conclusions as to the merits of this case. The minor…