Muhlner

The defendant, Louis A. Muhlner, was informed against in the county of Alameda for the crime of murder, alleged to have been committed on the twelfth day of August, 1895, by the unlawful and felonious killing of one Jennie Lewis, at the said county of Alameda.

The defendant entered a plea of not guilty, and, upon a trial, he was found guilty of the crime of manslaughter.

Thereafter, and before judgment, defendant moved for a new trial upon all the statutory grounds provided by section 1181 of the Penal Code, except the first and seventh. That is to say, the motion was not based upon the ground that the trial was held in the absence of the *305 defendant, or upon the ground of newly discovered evidence.

The motion for a new trial, as appears by the order granting the same and from the bill of exceptions, was granted for the reasons shown by the following copy of said order:

The people appeal from the order granting a new trial, and urge that the court erred in granting said motion at the instance of defendant.

A careful review of the record fails to convince us that there was any good cause for granting a new trial other than that assigned by the trial court as a reason…