Young

The information charged the defendant with the crime of murder, consisting in the killing of one Irene O’Brien, alias Irene Mansfield; and he was convicted of manslaughter. He appeals from the judgment, and from an order denying his motion for a new trial.

We see no reason for disturbing the judgment or for granting a new trial.

The point that there was not sufficient evidence to sustain the verdict is not tenable. There was clearly evidence enough to warrant the conclusion reached by the jury.

We see no error committed by the court in its instructions to the jury. The instruction of the court upon the subject of intoxication correctly stated the law upon that subject; and, although there was not much evidence to the point of appellant’s intoxication at the time of the alleged commission of the crime, still, we think that he suffered no prejudice from said instruction. The instruction as to how the jury should view the testimony,

■ and that they “ should consider his relation to the case,” etc., while criticised several times by this court, seems to be a favorite subject for instruction in lower courts, and has been too often held to be not erroneous to be now overturned.…