People v. Jones

ROTH, P. J. On August 1, 1963, appellant was found guilty, in a nonjury trial, of having violated Penal Code, section 192: involuntary manslaughter.

On the evening of February 20,1963, appellant, the deceased [321]and two friends, Barbara Hill and John Williams, were drinking and dancing at appellant’s home. The two women and decedent had been drinking all day.

During the course of the evening, decedent who was appellant’s boyfriend, stated that he was ready to go. Appellant told decedent that he wasn’t going any place, and the party resumed. The decedent then pulled a closed knife from his pocket and started to hand it to appellant. Williams told decedent to put the knife back into his pocket, which decedent did. About 10 minutes later decedent again stated that he was going home and this time appellant told him to go. A few moments later, however, he returned flipping his knife with the blade exposed.

At this point appellant stated, “I thought you was going home, . . . [W]ell, you know, I hate you, ... go on home.”

Decedent said, “No.” He then handed appellant the knife and said, “Well, if you hate me, go on and kill me.” Miss Hill testified that she did not see what happened next, but Williams testified that on this occasion appellant had the knife in her left hand and fell upon decedent as if she were hugging him.

As appellant fell against decedent, Williams saw the knife in her hand and reached to grasp her arm and in the process took the knife from her, cut his hand, closed the knife and threw it on the floor. Williams’ hand was bleeding. Appellant observing the bleeding hand went into the kitchen to get a bandage. Decedent who had been standing against the door frame during this time, fell to the floor after a few minutes. This was the first time that Hill or Williams realized that something was amiss.

When appellant came back into the room to bandage Williams’ hand, Miss Hill told her that decedent had been cut. Appellant shouted, “I didn’t mean to do it” and knelt down and cradled decedent’s head in her lap stating “Don’t do it. Don’t do it. I didn’t mean to.”

When the police arrived appellant was waiting in front of the house. When asked by one of the officers what had happened, she replied, “I cut him, and I want to talk to him.” After further investigation the officers arrested appellant. On the way to the police station she told the officers that she and deceased had been drinking, that they had argued and that she had cut him. At this time appellant did not know that the victim had died.