Stephanson

Stephanson was convicted of first degree murder and of two assaults with a deadly weapon with intent to murder. The conviction grew out of an early morning automobile foray into Watts by three men armed with a shotgun 1 ‘ to go get some niggers. ’ ’

On appeal Stephanson contends (1) there was insufficient evidence of murder in the first degree, (2) the instructions on manslaughter did not adequately cover voluntary killing without malice by reason of diminished capacity, and (3) instructions on involuntary manslaughter should have been given.

The Evidence of First Degree Murder

On the evening of 9 February 1966, Aubrey, age 26, appellant Stephanson, age 19, and DeVough, appellant’s brother-in-law, age 15, each of whom is white, were working on Stephan-son’s car near his Burbank apartment and drinking beer. About midnight the three went to a bar in Aubrey’s automobile, drank beer until 2:20 a.m., and then returned to Stephanson’s apartment. Earlier Aubrey had complained about having been recently run off the road by an automobile occupied by Negroes. Outside the apartment Aubrey suggested that Stephanson get his shotgun and that they go to Los Angeles. Go to Watts, Stephanson…