People v. Jackson

BRAY, P. J.

Defendant was convicted by a jury of murder in the second degree. The jury separately found defendant sane at the time of the commission of the offense. On motion for reduction of judgment under section 1181, subdivision 6, Penal Code, the court reduced the offense to manslaughter. Defendant appeals from the judgment of manslaughter.

Questions Presented

Defendant was represented in the trial court by the public defender. Defendant prosecutes this appeal in. propria persona contending only that the evidence is not sufficient to support the conviction of manslaughter.

Evidence

Defendant’s specifications of claimed lack of evidence are very meager. The Attorney General, because of this situation, very fairly scrutinized the record and detailed the evidence. We, likewise, have carefully studied the transcript of the evidence and are well satisfied that the evidence amply supports the judgment and that the public defender ably represented the defendant.

The deceased, Willie Stevenson, about 8 :30 in the morning, was sweeping the sidewalk in front of Pearl’s Grill. Defendant had been up all night and had been “shooting pool and drinking, and coffee and stuff” at John Singer’s. Prom there he went to Harvey’s, a bar. Leaving there he saw Stevenson. Defendant started “hurrahin’ ” Stevenson, saying, “ ‘You ain’t doin’ nothin’ but flunkying up and down the street.’ ” Stevenson objected to defendant “johnnyin’ ” him every

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morning and stated that he would “ ‘. . . wear the broom out on . . ” defendant. Thereupon defendant ran into Stevenson and hit him. Stevenson fell on his face. Defendant then took Stevenson’s head and bumped it on the shoulder part of the concrete paving. Defendant bumped Stevenson’s head four or five times or more before Cruise, who came from across the street, was able to pull defendant off Stevenson. The latter’s head was badly swollen.

Two witnesses testified that although Stevenson raised the broom in the air, he had not touched defendant with it when defendant knocked him down. Pour witnesses testified to defendant bumping Stevenson’s head on the pavement. Defendant testified that he and Stevenson had merely exchanged pleasantries, and then he asked for a taste from the bottle out of which he said Stevenson was nipping. He said Stevenson refused and instead struck him with the straw end of the broom. Defendant contended that this precipitated a fight and that he was merely defending himself. When questioned by the police defendant claimed that he did not remember the fight at all. At the trial he claimed to remember it clearly. At one point, though, he stated that he did not bump Stevenson’s head against the concrete; at another point he stated that he did not remember doing so.