Ozuna

Appellant Ishmael Gonzales Ozuna was accused of the murder of Adelina Mable Maldonado, with a prior conviction of burglary. He admitted the prior conviction. In the first trial the court declared a mistrial after the jury was unable to agree upon a verdict. In the second trial, before a jury, defendant was found guilty of voluntary manslaughter, a lesser, but necessarily included offense to that charged. He appeals from the judgment.

There were no eyewitnesses to the incident other than the defendant, who did not testify. The People offered into evidence the testimony of Officer James J. Pena. He testified that at approximately 2:30 p.m., on the day of the homicide, he had questioned the defendant, who related the following facts: at approximately midnight, of the night before, he left his brother’s gas station, where he was employed, and met his girl friend “Lena,” the decedent. They drove to a bar where they had several drinks. When they left the bar they went for a drive and returned to Lena’s home at about 4 o’clock in the morning, where they parked in front of her apartment. The officer testified: "He said that when they left the bar she took his gun out of her purse and…