State v. Symes

The opinion of the court was delivered by

Gordon, J.

This is a second appeal. On the former hearing a judgment of conviction of murder in the first degree was set aside. 17 Wash. 596 (50 Pac 487). The present appeal is from a conviction of manslaughter. The motions of the prosecuting attorney to strike the statement of facts and also to dismiss the appeal are considered as being without merit, and they are denied. There are nine specific assignments of error. The first, second and third relate to instructions given by the court and excepted to by the appellant. The fourth, fifth and sixth…