1. Under the evidence appearing in the record, there was no error in charging the law embraced in the Penal Code, § 73.
2. Inasmuch, however, as the evidence was insufficient to support a conviction of any crime greater than voluntary manslaughter, and the accused was found guilty of murder, the court erred in not granting a new trial.
Judgment reversed.
All the Justices concurring, except Little, J., absent.