Stines

Defendant appeals his conviction of murder in the second degree. (Pen. Code, § 187.)

The defendant arrived at a union meeting in Santa Ana about 8 p.m. on May 28, 1968. From the moment he entered the hall, his attitude was belligerent and his conduct outrageous. While there is some conflict in the evidence as to the extent of his intoxication, it is apparent that he was very drunk.

The local union had an unsavory reputation for employing force and violence against its own members. It was common practice for members to carry hand guns to meetings. The officers exercised dictatorial control. The defendant hated and detested the hierarchy.

Upon entering the lobby of the union hall, defendant asked the individual checking identification, “Is Joe Seymour here?” Seymour was a high-ranking union officer. When he received no reply, he said, “I came here to kill Joe Seymour. I’ve written him three letters, and he hasn’t responded to any of them. I’m going to kill me a business agent tonight and maybe he’ll answer my letters.” He repeated the threat twice. Seymour was not present, but there were 65-70 members and local officials in attendance.

When defendant took a seat in the…