Merkle

— The defendant, Margaret Merlde, was charged, by information, with the murder of one Joseph Von Wyl. Upon her trial, the jury returned a verdict finding her guilty of manslaughter, and she was thereupon sentenced to imprisonment in the state prison for the term of five years. From this judgment, and an order denying her motion for a new trial, she appeals.

The ground upon which appellant chiefly relies for a reversal of this judgment and order is her contention that the court erred in not granting her motion for a new trial on account of newly discovered evidence which she was not able to produce upon the trial. The nature of this evidence fully appears in the affidavits of herself and husband filed in support of her motion in the court below. The affidavit of the husband is, in substance, that he, and not the appellant, committed the homicide; that he told her of the fact that he had done this before the trial, but that he refused to allow her to use the communication in any way in her defense, and that the fact was not during the trial made known to the attorneys for appellant. This affidavit sets out in minute detail the circumstances under which the affiant claims that he…