People v. Bates

FOURT, J.

This is an appeal from a judgment of conviction of involuntary manslaughter (Pen. Code, § 192.2) a lesser and necessarily included offense in the charge contained in the information.

On or about June 15, 1966, in an information filed in Los Angeles defendant was charged with murdering Bobert A. Stevenson with malice aforethought on May 10, 1966. Defendant pleaded not guilty and after a trial a jury returned a verdict of guilty of involuntary manslaughter (violation of the provisions of section 192.2, Penal Code). Proceedings were suspended, probation was granted for five years, a part of the terms being that defendant spend the first year thereof in the county jail. A timely notice of appeal was filed from the judgment (order granting probation, Pen. Code, § 1237, subd. 1).

A résumé of some of the facts is as follows: Shortly before the closing hours of a bar in Bedondo Beach, defendant and six other persons, William Hodgson, Baymond Norman, Mr. Headley (Slim), Mr. Watts, Bobert Stevenson, and the barmaid, Sharon Skeen, engaged in conversation. Defendant bought a round of beer for those in the establishment and invited those present to his restaurant, the New Orleans Kitchen, next door, upon the closing of the bar to have a sandwich and some more beer, Before leaving the bar defend

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ant purchased two six-packs of beer and took the same with him to his restaurant. While in the bar defendant and Norman had a conversation during which defendant apologized for having drawn a knife on Norman on a previous occasion. Norman and Stevenson had known each other for a matter of about six months at the time in question. After the bar closed Hodgson, Norman, Watts, “Slim,” Stevenson and the barmaid walked to defendant’s restaurant. Defendant opened his restaurant upon the closing of the bar. Defendant served some sandwiches to some of the group and served some beer to those present. Defendant went back and forth to the kitchen from the front of the restaurant, where those named above were seated on counter stools. Watts left about 3:30 a.m., and the barmaid left earlier. Between the kitchen and the front of the establishment, where the counter and stools were located, there were swinging louvered bar doors which were about 8 or 10 inches apart in the middle. Hodgson had been in the kitchen -and had talked with defendant about whether he might have any trouble with Stevenson or Norman and defendant replied, “ ‘There is nothing that I can’t handle. I have several knives back here, if anybody ever tried to rob me or give me any trouble.’ ” Hodgson responded by saying that he, defendant, should not “use a knife on somebody or he’d probably get in trouble” and defendant responded in effect that he could “take care of it.” Several times Stevenson asked or intimated that he would like to see the kitchen and defendant responded in the negative. Defendant stated that it was “his kitchen and he had the right to keep people out of it if he wanted to. ”