Pshemensky

Defendant appeals from the judgment convicting him of involuntary manslaughter, 1 and argues (1) that the evidence is legally insufficient to support the judgment; (2) that evidence obtained by means of an illegal search and seizure was improperly admitted; and (3) that evidence as to his statements to the police was received in violation of the rules enunciated in People v. Dorado, 62 Cal.2d 338 [ 43 Cal.Rptr. 169 , 398 P.2d 361 ], We find no merit in these contentions.

Pursuant to stipulation a jury trial was waived and the case was submitted to the trial court upon the evidence taken at the preliminary hearing and the additional testimony introduced by the prosecution and by the defendant at the trial.

The evidence establishes that on the afternoon of September 25, 1964, one Harry Torrey was killed by a bullet fired from appellant’s .22 caliber Winchester rifle. The bullet struck the decedent in the neck while he was repairing a television antenna on the roof of an apartment building located in the heavily populated Hollywood area. Appellant at all times freely admitted that on occasion he had fired his rifle at the birds which frequented an avocado tree standing in the…