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PEOPLE v. MAYWEATHER

Docket No. 12233.

259 Cal.App.2d 752 (1968)

66 Cal. Rptr. 547

THE PEOPLE, Plaintiff and Respondent, v. HILLARD MAYWEATHER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

March 1, 1968.

Attorney(s) appearing for the Case

Oliver W. Holmes, Jr., for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Richard H. Cooper, Deputy Attorney General, for Plaintiff and Respondent.

KAUS. P.J.

Charged with murder, defendant was convicted of involuntary manslaughter (Pen. Code, § 192.2). No instruction on self-defense was given. We reverse, holding that the evidence demanded such an instruction.

The basic facts of the case and those which, in our opinion, called for the omitted instruction are set forth herewith. [1] In reciting the facts we must keep in mind the passage from People v. Carmen,

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