DONWORTH, J.
This is an appeal from a judgment and sentence based upon a conviction of the crime of manslaughter. Appellant was charged with murder in the second degree. At the trial, the court instructed the jury on the issue whether or not appellant was guilty of the included lesser offense of manslaughter.
There is no substantial dispute regarding the material facts involved, which may be briefly stated as follows:
Appellant was the owner and operator...
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