Jones

On August 1, 1963, appellant was found guilty, in a nonjury trial, of having violated Penal Code, section 192: involuntary manslaughter.

On the evening of February 20,1963, appellant, the deceased *321 and two friends, Barbara Hill and John Williams, were drinking and dancing at appellant’s home. The two women and decedent had been drinking all day.

During the course of the evening, decedent who was appellant’s boyfriend, stated that he was ready to go. Appellant told decedent that he wasn’t going any place, and the party resumed. The decedent then pulled a closed knife from his pocket and started to hand it to appellant. Williams told decedent to put the knife back into his pocket, which decedent did. About 10 minutes later decedent again stated that he was going home and this time appellant told him to go. A few moments later, however, he returned flipping his knife with the blade exposed.

At this point appellant stated, “I thought you was going home, . . . [W]ell, you know, I hate you, ... go on home.”

Decedent said, “No.” He then handed appellant the knife and said, “Well, if you hate me, go on and kill me.” Miss Hill testified that she did not see what happened next, but…