People v. Bost

CONREY, P. J.

On the night of July 4, 1929, a boy named Sierra received certain pistol shot wounds, which resulted in his death the next day. According to some of the evidence these wounds were caused by shots fired by the defendant, who was a police officer of the city of Los Angeles. According to some other evidence it may be that in a quarrel the boy had been shot by one of his companions, before the officers arrived upon the scene.

While the assignment of errors set forth in the brief for appellant contains a general specification that the evidence is insufficient to sustain the conviction, we do not understand counsel to contend that the record is wholly without evidence tending to establish the fact that deceased was shot by the defendant. If this was the fact, and if the circumstances were not such as to justify the killing, then it could not successfully be maintained that the evidence is wholly insufficient to sustain the verdict. We are of the opinion that, although it may be true that the deceased was seeking to escape pursuit at the time when the defendant was following him, and when, according to some of the testimony, the shooting actually occurred, such flight would not have justified the defendant in killing the boy. For there was no evidence that Sierra had committed or was accused of having committed any felony; and there was no evidence that Sierra had committed or then was committing any misdemeanor in the presence of defendant, other than that Sierra at the time was one of a group of boys concern

[553]

ing whom there is testimony that all were drunk. Neither is it claimed that either of the officers had any warrant for the arrest of Sierra or his companions. We think that the evidence is sufficient to support the verdict.

The errors complained of by appellant as errors in the admission or exclusion of testimony are discussed under seven heads which, however, include many more than seven particular items. Some items are discussed as including errors- of the court, whereas on examination of the record we find that the evidence was received without objection and without any court ruling. In various other instances the alleged errors relate to items of exceedingly minor importance, which may not reasonably be considered as having influenced the result of the action.