Olea

Appellant was convicted by a jury of second degree murder and was sentenced to state prison for a term of 15 years to life. Evidence adduced at his trial, which insofar as the issue of his responsibility for the crime was concerned was circumstantial in nature, more than adequately established the basis for his prosecution, namely, that he had on January 29, 1983, while in a state of intoxication induced by alcohol, unlawfully killed Steven Martinez by stabbing, following a late night altercation between the two.

The initial claim of error assigned as requiring reversal of the judgment herein involves the refusal of the trial court to provide the triers of fact with two instructions preferred by the defense, to wit: “If, from all of the evidence, you have a reasonable doubt that the defendant, at the time of the alleged crime, because of voluntary intoxication, or any other cause, actually engaged in the process of deliberation, premeditation, and preexisting reflection, then you may not find him guilty of wilful deliberate and premeditated murder of the first degree.

“If, from all the evidence, you have a reasonable doubt that the defendant, at the time of the alleged…