People v. Swift

The Court.

The defendant was prosecuted by information, filed in the Superior Court of Colusa county, for the crime of murder, and on the trial was convicted of manslaughter. The case comes before us on the judgment roll, and the only point made on the appeal is, as to the correctness of an instruction given by the court to the jury. The instruction complained of is as follows:

“ When it is proved or admitted that an unlawful homicide has been committed, and an effort is made to reduce it to manslaughter by showing the absence of malice, in that case, to negative the idea of malice and reduce…