People v. Hall

BISHOP. J. pro tem.

*

—

Charged in an information with the murder of one Adell Reed and with the prior conviction of two felonies, defendant was found guilty of manslaughter and admitted the conviction of the prior offenses charged. His motion for a new trial was denied and he was sentenced to state prison for the term prescribed by law. We have concluded that none of the contentions made on his behalf on appeal from the judgment is well taken and are affirming it.

We do not have a difficult problem on this appeal. Beyond any doubt Adell Reed died as the result of a number of severe knife cuts and beyond any doubt they were inflicted by defendant. The principle is therefore applicable which is expressed in

People

v.

Todd

(1957) 154 Cal.App.2d 601, 607 [317 P.2d 40] : “The effect of sections 187-189 and Penal Code, section 1105, construed together, is that every killing is murder unless the defendant proves the contrary.

(People

v.

Wells,

10 Cal.2d 610 [76 P.2d 493].)” The statement just quoted is supported in the case that it cites, but with an amplification: the burden on the defendant is that of ‘1 raising a reasonable doubt as to his being guilty of murder as distinguished from manslaughter or justifiable homicide,” (10 Cal.2d 610, 623), and defendant may take advantage of any evidence in the ease as well as that which he produces.

The ease was tried before a jury which found him guilty, not of murder, but of manslaughter. On this appeal it is contended the evidence is insufficient to prove manslaughter because it establishes a justifiable homicide in that it was committed in self-defense. We find, however, that the jury, whose responsibility it was to pass upon the credibility of witnesses and to weigh the evidence—had ample reason to view with skepticism the claim of self-defense. In spite of the tale of repeated threats made by the victim Adell Reed that he

[483]