Penal Code, 1860–Sec. 304–Conviction–Proper Section–Out of two injuries by the victim, the second proved fatal–He survived for more than eleven days–Appellant was charged u/s. 304 and not u/s. 302–Conviction ought to be u/s. 304 Pt. I and sentence ought to be ten years R.I.–He has completed the actual sentence more than ten years–He is entitled to be released.
