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PEOPLE v. BOHANA

No. B128162.

100 Cal.Rptr.2d 845 (2000)

84 Cal.App.4th 360

The PEOPLE, Plaintiff and Respondent, v. Donald James BOHANA, Defendant and Appellant.

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

Rehearing Denied November 22, 2000.

Review Denied February 14, 2001.

Attorney(s) appearing for the Case

Law Offices of Dennis A. Fischer, Dennis A. Fischer and John M. Bishop, Santa Monica, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, Valerie A. Baker and David Cook, Deputy Attorneys General, for Plaintiff and Respondent.

YEGAN, J.

A jury convicted Donald James Bohana of the second degree murder of Delores Velma Jackson. (Pen.Code, §§ 187, 189.)1 He appeals contending there is insufficient evidence that he acted with express or implied malice, the victim's death was excusable as "committed by accident and misfortune" (§ 195), and that the trial court erred in failing to instruct the jury sua...

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