Vidal

In a jury trial, defendant was convicted of second degree murder. He admitted an allegation of the information that he had been convicted previously of assault with intent to commit murder. He appeals from the judgment, sentence, and order denying his motion for a new trial.

Appellant contends that the evidence was insufficient to support the conviction; and that his counsel (deputy public defender) did not properly represent him at the trial.

During the evening of September 23, 1961, defendant Vidal, aged 21 years, and Bobby Chambers (decedent), aged 31 years, had been riding in Vidal’s automobile to various places including a liquor store and their homes, and they had been drinking wine. About 9 p. m. of that day they went to the home of Salvador Reyes, the stepfather of defendant, at 2047 East 76th Street in Los Angeles, where they and Reyes drank the remainder of a bottle of wine which defendant and Chambers had taken there. Then they asked Reyes whether he had anything there to drink. After Reyes took three bottles of beer from the refrigerator, the other two men scrambled and argued over two half dollars which were on a table. Chambers succeeded in getting that money.…