Kjar

Defendant appeals from the judgment entered against him following a jury verdict finding him guilty of voluntary manslaughter in violation of section 192, subdivision 1 of the Penal Code, a lesser offense necessarily included within the crime of murder with which he was charged.

By way of assignment of error defendant argues (1) that the murder weapon and the testimony relating thereto should not have been received in evidence by reason of their being the fruits of an illegal arrest followed by an illegal search and seizure; (2) the receipt of appellant’s confession obtained in violation of the rule established in People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ]; (3) the refusal of the trial court to instruct on the theory of self-defense; and (4) alleged error in admitting a portion of the tape recording of appellant’s confession that referred to matters irrelevant to the case.

Defendant’s contentions regarding the illegality of his arrest and the discovery of the murder weapon are wholly without merit.

Appellant and a companion were arrested at approximately 11 p.m. on March 27, 1964, by California Highway Patrol officers. Officer Barnes testified that he…