People v. Fain

Defendant was charged with, tried and convicted of, manslaughter (violation Pen. Code, § 192, subd. 3(a)). Defendant’s motion for new trial was denied, and he was granted probation for a period of five years with the first six months in custody. He has appealed from the judgment and from the order denying his motion for a new trial. The facts shown by the record before us are as follows:

Immediately after midnight on December 20, 1958, the deceased, Donald Bruce Miehie, was at a Drive-In café called Lawton’s Drive-In on Morningside Way near El Cajon Boulevard in the city of San Diego in…