Jenkins

— In an information the defendant was charged in count 1 with murder of Leon Williams, and in count 2 with assault with a deadly weapon on William Johnson. In a jury trial he was convicted of manslaughter on count 1, and of assault with a deadly weapon on count 2. The judgment was reversed on the ground that the jury had not been instructed properly regarding justifiable homicide. (People v. Jenkins, 232 Cal.App.2d 323 [ 42 Cal.Rptr. 654 ].)

Thereafter, an amended information was filed charging the defendant in count 1 with manslaughter of Leon Williams, and in count 2 with assault with a deadly weapon on William Johnson. He denied an allegation that he had been convicted previously, in Missouri, of assault with intent to kill with malice, a felony, and that he had served a term in prison therefor. He waived a trial by jury as to the allegation of prior conviction. The trial judge found that allegation to be true. The jury found the defendant guilty of manslaughter (count 1), and not guilty of assault with a deadly weapon (count 2). He was sentenced to imprisonment in state prison. He appeals from the judgment.

Appellant contends that the evidence was insufficient to support the…