Nichia

The .appellant, hereinafter referred to as the defendant, was charged by indictment with murder in the first degree, and was convicted of manslaughter. The indictment charges that the defendant “did unlawfully, feloniously,, *748 purposely and of deliberate and premeditated malice, kill Ole Storset, by shooting him with a .38 caliber revolver.” The homicide occurred at Yakutat, Alaska, in a two-room building used by defendant as a residence and store.

On October 6, 1933, Ole Storset, the deceased, by occupation a fisherman, while in a drunken condition, accompanied by three other fisherman and a native boy, entered said building and ordered four bottles of home-brew beer. At deceased’s request, one bottle of beer was delivered by defendant to the native boy who had directed the deceased to defendant’s place. Upon defendant’s refusal to allow the beer to be drunk upon the premises, two of the men and the native boy left the premises. Deceased followed them to the door, and while standing there with one hand on the knob of the door, cursed defendant and said he would “come back and get her that night.” Defendant replied, “You won’t get me; get out.” Defendant went into her bedroom,…