People v. Washington

Following trial by jury defendant was convicted of murder in violation of Penal Code section 187, which was found to be in the second degree. The allegation of use of a firearm was found to be true. He was sentenced to state prison and now appeals from the judgment.

Facts

In view of the contentions made on appeal a plenary statement of the facts surrounding this sordid affair is not necessary. Suffice to say that the victim Owen Wilson Brady met his death when shot by his homosexual partner Merle Francis Washington on August 10, 1974, while the two were riding in the victim’s car. The killing resulted from a lover’s quarrel, claimed to have been provoked by unfaithfulness on the part of the victim and his expressed desire to terminate the relationship.

Contentions

It is contended on appeal that because of instructional error and inadequacy of defense trial counsel, the conviction should either be reversed or reduced to voluntary manslaughter by this court.

Discussion

If we understand correctly it is first suggested by defendant that, in defining second degree murder and voluntary manslaughter, the trial court should have instructed the jury that there must exist a…