Small

Defendant appeals from the judgment of conviction entered following a nonjury trial wherein he was found guilty of voluntary manslaughter and assault with a deadly weapon. Appellant’s brief presents a variety of arguments which may be considered as relating to his two basic assignments of error: (1) that the evidence was not sufficient to support the judgment; and (2) that his representation by counsel was inadequate.

Reviewing the record in the light most favorable to the respondent, as we are here required to do, the evidence indicates that appellant visited the residence of a Mrs. Washington, located at 901 Bast 27th Street in the City of Los Angeles, on the morning of February 3, 1962. Several witnesses testified that appellant had been ordered to leave following an altercation with a Mr. Henderson arising out of appellant’s attentions to a woman. Obscenities were exchanged and appellant left, promising to return.

He returned later, carrying a gun in his shirt, and asked for Mr. Henderson. Again he was ordered to leave and there was evidence indicating that he was physically ejected through the backdoor. He retreated backward down the steps, firing his gun into the back…