People v. De Priest
Opinion
Opinion
Regan, J.
Defendant was charged by information with the crimes of a violation of section 211, Penal Code (robbery), and in a second count of violation of section 187, Penal Code (murder).
After a trial by jury, defendant was convicted of robbery in the second degree (Pen. Code, §§ 211, 211a) and manslaughter (Pen. Code, § 192), which is a lesser included offense of the charge of murder as set forth in count two of the information. He appeals from the judgment of conviction.
On January 12, 1968, a Lodi city policeman, Officer Conner, responding to a radio call, found the body of the deceased Mrs. Quinn on the floor of Quinn’s Bar. The front door glass had been broken; Mrs. Quinn’s left eye was puffed, and a small trickle of blood went down to her ear; and a handkerchief and brassiere were found lying at the top of the victim’s head on the right side. There were three cash registers in Quinn’s Bar, two on the front bar and one on the rear bar. Conner checked all three registers and.found two one-dollar bills; 90 cents in change was found on the bar. Officer Conner in his report noted “weapon, force or means used” as “unknown.”