Germany

Elmo Germany, Jr., and Danny Robert Thomas were convicted by a jury of voluntary manslaughter, a lesser included offense within the charged crime of murder. (Pen. Code, §§ 187, 192, subd. 1.) On this appeal from the judgments they urge error regarding instructions on the element of intent in voluntary manslaughter and that self-defense was established as a matter of law. As to the appellant Thomas, who was represented by the City Attorney of Hanford, the court is faced with the additional question of whether People v. Rhodes (1974) 12 Cal.3d 180 [ 115 Cal.Rptr. 235 , 524 P.2d 363 ], decided subsequent to the briefing herein, has any operative effect as to this appeal.

The evidence is somewhat in conflict as to the events immediately preceding the shooting of Keith McCarty, the victim. We resolve these conflicts in favor of the respondent and view the evidence in the light most favorable to it. (People v. Crowe (1973) 8 Cal.3d 815, 833-834 [ 106 Cal.Rptr. 369 , 506 P.2d 193 ].)

On the evening of June 17, 1972, at the Kings County Fair, Keith McCarty was fatally wounded by three bullets from a gun held by appellant Thomas.

Thomas had arrived at the fair between 10 and…