People v. Flint
People v. Flint
Opinion of the Court
From a judgment of guilty of manslaughter after trial before a jury defendant appeals. There is also an appeal from the order denying his motion for a new trial.
The evidence being viewed most favorably to the people (respondent), the essential facts are:
July 20, 1940, Charles M. Andreason was employed at Riley's Pool Hall in Bell, California. His duties included, among others, tending bar and making collections from card and pool games. Shortly after 11:00 p. m. Mr. Andrea-son told defendant to “check out” of a poker game in which he was engaged. Thereupon a discussion ensued between Mr. Andreason and defendant, followed by a scuffle between the two men, during the course of which defendant with a knife stabbed Mr. Andreason in the abdomen, causing his death.
Defendant relies for reversal of the judgment on these propositions:
First: There is no substantial evidence to sustain the judgment that defendant was guilty of voluntary manslaughter.
Second: The trial court committed prejudicial error in (a) Instructing the jury, and (b) Refusing to give instructions requested by defendant.
Defendant’s first proposition is untenable. An examination of the record discloses substantial evidence considered in connection with the inferences which the jury may have reasonably drawn therefrom to sustain the jury’s implied finding of the facts set forth above, together with each and every material finding of fact upon which the judgment was necessarily predicated. Several eyewitnesses testified to the recited facts in the ease. An appellate court will not attempt to determine the weight of the evidence but will decide on the face of the evidence whether it can be held that sufficient
The second proposition urged by defendant will not be considered by us for the reason that he has failed to observe the provisions of rule VIII, section 3 of this court requiring the party alleging error to set forth in his brief, not alone the instructions which it is alleged were erroneously (a) given or (b) refused, but also all instructions bearing upon the subject covered by the given or refused instructions (rule VIII, sec. 3, Rules for the Supreme Court and District Courts of Appeal, 213 Cal. xlvii; People v. Stone, 19 Cal. App. (2d) 91, 93 [64 Pac. (2d) 981] ; People v. Ramirez, 21 Cal. App. (2d) 466, 468 [69 Pac. (2d) 913]).
For the foregoing reasons the judgment and order are and each is affirmed.
Moore, P. J., and Wood, J., concurred.
Reference
- Full Case Name
- THE PEOPLE v. MARVIN F. FLINT
- Cited By
- 1 case
- Status
- Published