Button

An information was filed against Button, charging him with the murder of Gustav Bohm, and upon the trial he was found guilty of manslaughter. His motion for a new trial was denied, and this appeal is from the judgment and the order denying a new trial.

Some exceptions were reserved to evidence, but the principal questions arise upon the instructions to the jury and the sufficiency of the evidence as matter of law to sustain the verdict. The deceased died from a gunshot wound inflicted by the defendant. Very shortly before the shooting angry words had passed between the parties, and at that time the defendant stamped or kicked the deceased in the face. The injury inflicted by defendant upon Bohm’s face when he stamped upon it was fully described by the physicians, and doubtless was of a very serious character, breaking down the left cheek-bone and injuring the left eye, so that, in the opinion of the physician, the possibility of sight in that eye was excluded, and that the tendency would be to affect the other eye, both in co-ordination of movement and vision. The doctor was then asked by the district attorney: “What faculties would it affect, in your opinion?” Defendant’s…