Harris

Charged with murder (Pen. Code, § 187), defendant was convicted in a jury trial of voluntary manslaughter (Pen. Code, § 192, subd. 1), a lesser and necessarily included offense; the court found to be true a prior felony conviction. Defendant appeals from the judgment.

On the date of the homicide (July 24, 1969), defendant was employed as a clerk in a Los Angeles liquor store located at 47th and Western Avenue. In the early evening of the above date, Robert Ricks (the victim), aged about 18 years, and three male friends purchased some potato chips and “pop” from defendant; they were there for several minutes and left without any untoward incident, although there was testimony that the victim had been drinking—he had earlier consumed a couple of beers. After their departure, defendant subsequently told another customer that some “kids” had come in, they had been “messing” with him, he did not know whether they were armed, and he was going to protect himself. Thirty minutes later the victim returned with one of his friends; a prosecution witness (Billy Earl Police) stated he appeared to be drunk.

Although there were other customers waiting to be served, defendant addressed…