Hebert

Henry Hebert was charged with the murder of Charles Swallow, pleaded not guilty, and after a trial by jury was convicted of involuntary manslaughter, a lesser included offense. Probation was denied and he was sentenced to the state prison. Defendant was represented by the Public Defender. Appeal is brought from the judgment in propria persona.

Defendant was a patron in a Venice bar, drinking beer but not intoxicated, when the victim entered at about 11 p.m. According to all the witnesses who testified on the subject, Swallow appeared to be either drunk or ill; the barmaid refused him service. He sat on a stool near defendant and an argument arose between them. It was established that defendant, while standing, hit Swallow in the face with his fist while Swallow was sitting on a bar stool, and that the assault was without sufficient provocation. When hit, the victim was knocked to the floor. Defendant testified that Swallow asked him for a quarter, which was refused, and Swallow said “All I done for you niggers, I can’t get anything out of you” and defendant said “That is where you are wrong, man.” Swallow shoved him, put his hand into his coat pocket and said “I ought to cut your…