Breland

The first question presented on this appeal is whether the defendant who pleaded guilty in the municipal court to the offense of battery, a misdemeanor, and was sentenced therefor, was subject to prosecution and punishment for the crime of murder upon the victim’s subsequent death caused by the battery. If such question is resolved against the defendant, the sufficiency of the evidence to sustain the conviction of murder of the second degree must then be considered.

The records show that on May 6, 1964, a complaint was filed in the municipal court charging the defendant with the commission of a battery (Pen. Code, § 242), it being alleged therein that he willfully and unlawfully used force and violence upon the person of Wesley Winston Nealon on or about May 5, 1964. 'It was issued by the City Attorney of the City of Los Angeles. The defendant did not procure the filing of the complaint. On May 7, 1964, the defendant entered a plea of guilty to the offense of battery. He was thereupon sentenced to be punished by imprisonment in the county jail for the term of 30 days and he commenced to serve such term on that day, May 7, 1964. Mr. Nealon died in the Los Angeles County General…