SHEPARD, J.
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...
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