Alsemi

Information for and conviction of manslaughter. Two points only are made on this appeal.

1. The first point is, that the evidence is insufficient to justify the verdict. We have carefully examined all the evidence given in the record. While the testimony of the defendant, who was sworn as a witness in his own behalf, conflicts with that of the witnesses on - the part of the prosecution, and there is also a slight variance between the testimony of one of the other witnesses as he gave it on the trial from that which he gave on the preliminary examination, we think the decided preponderance of evidence is in support of the verdict, and it cannot be disturbed on the ground of insufficiency of evidence.

2. Exception is taken to the following language, found in the instructions of the court to the jury: “But if you find, from the evidence, that in truth and in fact the deceased nor his associate intended no such assault nor the commission of a felony, and a reasonable person in defendant’s position would not have so believed, and the defendant had no reasonable cause for so believing, such killing by the defendant, without malice, but without sufficient cause, real or apparent, will…