Bush

Defendant, Una Bush, was charged by information with the murder of her husband, Gary Bush, in violation of section 187 of the Penal Code. She pleaded not guilty and was tried by a jury. After all of the evidence was in, the trial court granted her motion for acquittal on the charges of first and second degree murder.

Thereafter, the jury returned a verdict finding defendant guilty of involuntary manslaughter, in violation of section 192, subdivision 2, of the Penal Code. The trial court denied her motion for a new trial, suspended the imposition of sentence and placed her on probation for a period of three years, subject to the condition that she serve the first 90 days in the county jail. Defendant filed a timely notice of appeal from the judgment of conviction.

We have concluded that, because the question of defendant’s guilt was so closely balanced, the error of which she here complains was prejudicial; therefore, her conviction must be reversed. Under these circumstances, we shall set forth the evidence in some detail.

On November 9, 1976, Evangelista Lugo, a police officer employed by the Peralta Community College, lived next door to defendant and her husband on…