PEOPLE v. DAVIS

Docket No. 3993.

203 Cal.App.2d 18 (1962)

21 Cal. Rptr. 155

THE PEOPLE, Plaintiff and Respondent, v. JESSE DAVIS, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

April 27, 1962.


Attorney(s) appearing for the Case

Stanley D. Whitney, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, John S. McInerny and Joseph I. Kelly, Deputy Attorneys General, for Plaintiff and Respondent.


DEVINE, J.

A second degree murder judgment and order denying motion for new trial are appealed. The killing occurred in a barroom. Decedent, Smith, who, apparently, was unknown to defendant, insulted women patrons of the bar, pushed or shoved defendant, who was sitting at the bar, perhaps three times, cursed defendant and threatened to kick him. Defendant remonstrated with decedent for cursing the women, asked decedent to "leave us alone" and told decedent he might...

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