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PEOPLE v. DOMINGO

Docket No. 3338.

210 Cal.App.2d 120 (1962)

26 Cal. Rptr. 315

THE PEOPLE, Plaintiff and Respondent, v. MARCEL DOMINGO, Defendant and Appellant.

Court of Appeals of California, Third District.

November 23, 1962.

Attorney(s) appearing for the Case

John O. Fugazi for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Barry Bunshoft, Deputy Attorney General, for Plaintiff and Respondent.

PIERCE, J.

Defendant was charged with murder, pleaded not guilty, waived a jury, was tried by the court and found guilty of voluntary manslaughter, a lesser included offense. His motion for a new trial was denied. This appeal followed.

The sole question is whether sufficient evidence sustains the trial court's finding.

[1] Voluntary manslaughter is homicide unpremeditated, without malice aforethought, but committed upon sudden quarrel...

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