Deeney

A jury convicted Edward John Deeney of involuntary manslaughter (Pen. Code, § 192, subd. 2) in the death of June Deeney. He appeals claiming the court improperly admitted hearsay declarations and evidence that Deeney previously abused June. In addition, he asserts the court erred in its instructions to the jury on circumstantial evidence.

The Deeneys had a turbulent relationship which frequently erupted into heated arguments. Both Deeney and his wife June were often intoxicated on these occasions. On the evening before June died neighbors called the police, reporting a loud argument at the Deeney’s residence. When the police arrived June appeared to be uninjured. However, the next morning June was hospitalized and died shortly thereafter from a brain hemorrhage.

Deeney maintained at trial that June’s death occurred accidentally. A pathologist testified June’s hemorrhage probably resulted from a fall, rather than a blow. This expert also concluded that because June was a chronic alcoholic she probably stumbled often and bruised easily. This testimony was buttressed by witnesses who had seen June stumble in the past.

During the trial the court allowed prosecution…