Selby

The defendant, Norman Selby, was fliarged with the murder of one Theresa W. Moers in an indictment returned by the grand jury of the county of Los Angeles. To the charge the defendant pleaded not guilty and upon the trial he was convicted of the crime of manslaughter. A motion for a new trial was duly interposed on his behalf and denied; judgment of conviction was pronounced, whereupon he appealed from the said judgment and from the said order denying his motion for a new trial.

Appellant states in his brief that “In view of the conflict of evidence as to the cause and manner of deceased’s death, insufficiency of the evidence is not urged here as a ground for reversal.” While counsel for appellant in his oral argument on the hearing of the appeal herein discussed the evidence at some length in support of the claim that the refusal to give an instruction proposed by appellant, hereinafter considered, was prejudicial, nevertheless, it was again conceded that the evidence was sufficient as matter of law to support the verdict rendered. The appellant thus having conceded the sufficiency of the evidence to support the verdict, a general statement of the facts and circumstances…