Cisneros

Defendant has appealed from a judgment sentencing him to state prison following his conviction of murder of the second degree (Pen. Code, §§ 187, 189). Having reviewed the various contentions made by defendant as set forth below this court concludes as follows: (1) there was no error in the finding that defendant was competent to stand trial, or in the proceedings leading to that finding; (2) the evidence was sufficient to sustain the verdict and judgment; (3) there was no error in failing to give instructions concerning an accomplice and the necessity of corroboration of an accomplice’s testimony; (4) there was no error in failing to instruct the jury with respect to mistake of fact, or (5) with respect to the defense of others; (6) there was no prejudicial error in failing to relate the court’s instructions on voluntary and involuntary manslaughter to the defense of diminished capacity; (7) there was no error in the verdict forms submitted to the jury; (8) there was no error in the instructions on reasonable doubt and the defendant’s right to an acquittal; (9) there was no prejudicial error in the instructions on implied malice and second degree murder; and (10) the…