Mayweather

Charged with murder, defendant was convicted of involuntary manslaughter (Pen. Code, §192.2). No instruction on self-defense was given. We reverse, holding that the evidence demanded such an instruction.

The basic facts of the ease and those which, in our opinion, called for the omitted instruction are set forth herewith. In reciting the facts we must keep in mind the passage from People v. Carmen, 36 Cal.2d 768, 773 [ 228 P.2d 281 ] : “As so ably stated in People v. Burns, 88 Cal.App.2d 867, 871 [ 200 P.2d 134 ], with ample citation of authority: ‘It is elementary that the court should instruct the jury upon every material question upon which there is any evidence deserving of any consideration whatever. [Citations]. The fact that the evidence may not be of a character to inspire belief does not authorize the refusal of an instruction based thereon. [Citations] . That is a question within the exclusive province of the jury. However incredible the testimony of a defendant may be he is entitled to an instruction based upon the hypothesis that it is entirely true. [Citations]. . . .’ ” (Italics in original.)

Defendant’s sister, Ollie Curtis, and the decedent, Timothy Lowe, were…