Ramirez

People v. Ramirez

Good Law
153 Cal. Rptr. 789·1979 Cal. App. LEXIS 1560·91 Cal. App. 3d 132
Court of Appeal of CaliforniaMarch 28, 1979Crim. 33307California2,872 words

Opinion

Opinion

Cobey, J.

Defendant, Henry Sanchez Ramirez, appeals from the judgment imposed following his conviction of involuntary manslaughter. (Pen. Code, § 192, subd. 2.) The appeal lies. (Pen. Code, § 1237, subd. 1.)

Defendant contends: (1) because the prosecution failed to establish the corpus delicti of involuntary manslaughter independently of his extrajudicial statements, the trial court erroneously denied his motion to set aside the information pursuant to Penal Code section 995 and also erroneously refused to order the entry of a judgment of acquittal after the prosecution’s case in chief (see Pen. Code, § 1118); and (2) his conduct did not constitute the crime of involuntary manslaughter because he did not act with culpable, or criminal, negligence in handling the gun when it discharged and killed the victim. After examining the record and the applicable law we conclude that both contentions lack merit. We will, accordingly, affirm the judgment.

Facts

Defendant and Manuel Corella played football at John Glenn High School in the City of Norwalk on Sunday, October 9, 1977. Defendant and Corella played on the same team, a team composed of players from the Camaretas gang or…

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