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PEOPLE v. BANKS

Docket No. 28944.

67 Cal.App.3d 379 (1976)

137 Cal. Rptr. 652

THE PEOPLE, Plaintiff and Respondent, v. ROBERT DOUGLAS BANKS, Defendant and Appellant.

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

December 16, 1976.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, and Charles M. Sevilla, Chief Assistant Public Defender, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Edward T. Fogel, Jr., and Susan D. Martynec, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

COMPTON, J.

Defendant appeals from the judgment entered following a jury trial that resulted in his conviction of involuntary manslaughter (Pen. Code, § 192, subd. 2). It was found that he had used a firearm during the commission of the offense (Pen. Code, § 12022.5). He contends: "I. The trial court's extemporaneous jury instruction that the defendant has the burden of proof to show justifiable homicide once the...

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