Martin

After a jury trial in which appellant was found guilty of second degree murder, he was sentenced to state prison. He appeals. We affirm.

Facts:

On April 16, 1978, appellant was staying temporarily with his sister, Sharon Martin, and her boy friend, Tyrone Labostrie, at their apartment in Long Beach. At 7:30 that evening, all three were at the apartment. Also present were two guests: Ernest Hobbs and his fiancee, Deborah Martin (no relation to appellant). Appellant kept staring at Deborah Martin.

Around 8 p.m., the three men started playing a game of dominoes. During the game, appellant told Hobbs: “You mother fucker. What are you doing with that white bitch,” a reference to Deborah Martin. Hobbs asked, “What did I do to offend you? I am sorry, man.” Responding, “I will blow your mother fuckin’ head off,” appellant then pulled a gun out of his belt area and shot at Hobbs but missed him. The bullet instead hit a large glass. Thereafter, Labostrie saw appellant point the gun at Hobbs’ head and pull the trigger, but the gun did not go off. When appellant again pulled the trigger, a bullet hit Hobbs in the head. Hobbs fell. There was blood on the left side of his head. As…