Huber

To review a conviction of manslaughter for voluntarily killing Mat Schernthaner, Huber brought writ of error from the District Court for Alaska, Fourth Division, and in his assignments complains of certain instructions upon the law of justifiable and excusable homicide given to the jury by the trial court. Huber located Discovery placer claim and in 1915 built a small cabin (about 13x15 feet) on the ground. About March, 1915, he and Schernthaner entered into a written agreement to work the claim on a percentage basis with Schernthaner until December 31, 1917. There seems to have been an understanding that Schernthaner could occupy the cabin with Huber. The two men lived together and mined the ground profitably until September 3, 1917. Huber’s evidence is that upon that day, while the two were at work' in a cut, he complained of the manner in which Schernthaner was cleaning up the bed rock. Schernthaner answered with an oath and said: *765 “I have an interest in this ground here. I will do just as I please. You have no business to give me any orders.”

Huber replied that he was only asking him to take the dirt out clean. Nothing more was said, and they continued working until that…