Fowler

The defendants were convicted after a jury trial of voluntary manslaughter (Pen. Code, § 192, subd. (a)). The jury found that the defendant Fowler personally used a deadly weapon in the commision of the offense (Pen. Code, § 12022, subd. (b)). The trial court sentenced each defendant to a term of six years and ordered that Fowler’s one-year term for use of the deadly weapon be stayed pending completion of the term for the substantive offense. Defendants appeal, claiming errors in instructions and insufficiency of the evidence to show an intent to kill.

On October 22, 1985, the victim, Jack Lawson, together with his fiancee, Beverly G., were living at the home of defendant Fowler in Dunsmuir, California. Defendant Barley lived close by and was a close friend of defendant Fowler. Defendants had been acquainted with the victim for three or four months. The victim and his fiancee had lived in a car in Barley’s driveway for a short time, and then moved into the living room of Fowler’s house.

On October 22, 1985, the victim, defendant Fowler and his wife, defendant Barley, and Beverly were drinking at Fowler’s house. An argument broke out; the victim then left after slapping…