Vukojevich

Defendant and two others were charged with the crime of murder. Upon a separate trial defendant was convicted of the crime of manslaughter. He appeals from the judgment and an order denying his motion for a new trial.

A sufficient answer to the appeal from the order denying the motion for a new trial is that the grounds upon which the motion was based are not disclosed by the record; neither are the affidavits of newly-discovered evidence referred to in appellant’s brief, incorporated therein. It devolves upon appellant to show the existence of error. In the absence of such affirmative showing this court, in accordance with the rule that all intendments are in favor of the regularity of the proceedings, will indulge the presumption that the ruling was correct.

All of the parties involved were Slavonians. It appears that on the afternoon of October 5, 1913, the attention of deceased, whose name was Charles Rezo, and several companions, all of whom were at the time in a house known as No. 114 Leroy Street in Los Angeles, was attracted by the report of fire arms at No. 118 on said street. Deceased left the house, followed by several others, going toward the house No. 118, at which…