People v. Thomas

PREWETT, J., pro tem.

The appellant was convicted of the crime of manslaughter committed in the city of Sacramento on the evening of December 21, 1921. It is charged in the information that he “willfully, unlawfully and feloniously” committed the act.

[1] The appellant insists that, as the offense was feloniously committed, it must therefore have been malicious. Since manslaughter is an unlawful killing without malice, he argues that the information does not charge that offense. But manslaughter is clearly a felony, and to charge that the crime was “felonious” is no more than to charge that it…