People v. La Grange
Opinion
Lead Opinion
Griffin, J.
Defendant-appellant Carol La Grange was charged jointly with defendants Freshour, Bradley and Vickery and each was convicted by a jury of the crime of manslaughter (viol. Pen. Code, § 192, subd. 2) in that they feloniously, without malice, killed one John Barczuk. Appellant’s motion for new trial and application for probation were denied. He, alone, appealed.
Barczuk was a coowner of the Hawaiian Village Inn in Chula Vista. On May 12, 1957, at approximately 2:00 a. m., a Mr. and Mrs. Sumrall, Mrs. Joiner and Mr. Ostberg had been inside the inn until closing time and were standing in front of the restaurant talking when Mr. Barczuk joined them. After a few minutes, a yellow Chevrolet convertible car, owned and driven by defendant Freshour, drove into the Inn parking area, near the main entrance. There were five people in the Chevrolet convertible, Mrs. La Grange was seated in the front seat next to the driver, Freshour. Vickery was on her right. Bradley was seated in the rear seat behind the driver. Apparently, La Grange was seated to his right. They had been drinking at other bars and ended up at this one just before closing time, while decedent and the customers were in…