PEOPLE v. JENKINS

Docket No. 12168.

40 Cal.App.3d 1054 (1974)

115 Cal. Rptr. 622

THE PEOPLE, Plaintiff and Respondent, v. IRPINE C. JENKINS, Defendant and Appellant.

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

July 15, 1974.


Attorney(s) appearing for the Case

COUNSEL

Harvey M. Kletz, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, John T. Murphy and Ann K. Jensen, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

THE COURT.

Appellant was tried before a jury and found guilty of voluntary manslaughter (Pen. Code, § 192). The jury also found that he was armed with a deadly weapon at the time of the commission of the offense. Appellant was sentenced to prison for the term prescribed by law.

On this appeal from the judgment it is contended that conclusive evidence of appellant's intoxication would have shown (1) that he was...

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