Webb

This is an appeal from the judgment following appellant’s conviction of voluntary manslaughter under Penal Code section 192, subdivision 1.

On March 5, 1977, Melody Howard asked Carnell Brunner, the man she lived with and the victim in this case, to purchase a bag of heroin for her. Brunner asked James L. Webb, appellant herein, to get a bag for him, which appellant did, charging Brunner $14. Brunner delivered the bag to Melody, who discovered that it did not contain heroin. Brunner and Melody then sought appellant in order to get the $14 back.

The following day, March 6, at about 3 p.m., Melody and Brunner located appellant. Appellant claimed he hadn’t intended to “bum” them and offered to repay the $14 after he earned some money by selling prescriptions and pills. Throughout the day, Brunner continued pressing appellant for the return of his money which appellant assured him he would do. Melody was with Brunner, goading him on to do something to get the money back.

That evening, Brunner and appellant got into a fight. Brunner was 5 feet 10 inches tall and weighed 162 pounds. Dr. Stephens, a coroner, described Brunner as a “well-developed muscular individual.”…