People v. Kent

McCOMB, J. From a judgment of guilty of manslaughter after trial before a jury, defendant appeals. There is also an appeal from the order denying Ms motion for a new trial.

Questions: First: Was there substantial evidence to sustain a judgment of guilty of the crime of manslaughterf Yes. Manslaughter is the unlawful killing of a human being without malice, if done upon a sudden quarrel or heat of passion. (Pen. Code, § 192, subd. 1.)

The record discloses the following:

Herbert Singhofen and defendant had been close personal friends for approximately 20 years. Defendant, who was an alcoholic, had for a long time been a drinking partner of Mr. Singhofen. For several days prior to June 17, 1954, Mr. [589]Singhofen had been drinking at his home, and during this time defendant had called upon him on several occasions. On one of these occasions, Mr. Singhofen had given defendant his passbook on a nearby savings bank and defendant had withdrawn $100 therefrom, which he had divided with Mr. Singhofen.

Thereafter defendant returned to his hotel room which was located several blocks from Ms friend’s residence. During the next several days defendant went to the race track where he won considerable money. On the evening of Thursday, June 17, he had approximately $160 on his person at which time he went to Mr. Singhofen’s residence and found him in bad shape due to his drinking and failure to eat. Defendant brought Mr. Singhofen to his [defendant’s] hotel where he was registered as a guest. At the time Mr. Singhofen was under the influence of liquor and shaking so badly he could not write his name. He had dark circles under his eyes, but there were no cuts, bruises or abrasions on his face.

In the same hotel was a man named Clark, with whom defendant had been drinking periodically for several days.

The following night Mr. Clark, accompanied by defendant, carried Mr. Singhofen from the hotel at which time there were bruises and scratches on Mr. Singhofen’s back. Defendant and Mr. Clark called a taxicab and drove to deceased’s home where they left him on his bed. Before leaving the taxicab defendant gave the driver a $20 bill. Returning to the taxicab, the driver was instructed to drive to Beverly and Western. During the ride Mr. Clark and defendant had a conversation. When they-left the cab Mr. Clark asked the driver if he had overheard them. Upon receiving a negative reply, Mr. Clark said, “You had better not recall what you heard or seen, or heard what we were talking about. ’ ’ The fare was a little over $2.00, but when the driver offered defendant change for the $20 bill previously given him, defendant said “forget it” or “I don’t want any change” or some such expression.