Aikin

Charged by an information with murder (Pen. Code, § 187), defendant was found guilty by a jury of second degree murder. He was sentenced to state prison for the term prescribed by law. He appeals from the judgment.

The Facts and Evidential Process

The victim, Gloria Cramer (hereinafter, Gloria), and defendant, a merchant seaman, had carried on a sporadic and stormy romantic association for a number of months. Defendant was divorced. Gloria was married but lived with her husband only part time. She stayed with defendant over fairly extended periods in motel units which he rented while he was ashore. Both were heavy drinkers of intoxicating liquors; Gloria combined drinking with pill taking (barbiturates) quite regularly. Her husband considered her addicted to intoxicating liquors and drugs. She sometimes struck him when she was under their influence. Defendant testified that he combined pills and liquor on two occasions, at the time of the homicide and at the time of a fight hereinafter mentioned.

Strong feelings of love and hate alternately prevailed between defendant and Gloria, the latter often leading to the exchange of verbal insults and occasionally to combative…