People v. Jamarillo

Citations

• 57 Cal. 111

Syllabus

<p>Manslaughter—Accessory — Criminal Law.— Certain evidence stated in the opinion held to be sufficient to support a verdict of guilty of manslaughter.</p> <p>Id.—Verdict—Criminal Law.—A verdict which is more favorable to the defendant than is warranted by the evidence and instructions, but which is within the province of the jury to find, is not in any sense contrary to law. Id.—Intent.—In manslaughter, there need be no appreciable time between the conceiving of the intention to kill and the actual killing. Held, accordingly, in a case where the question of concert entered into the intent, that an instruction that the jury must believe that the concert was in pursuance of an understanding or agreement previously formed, was properly refused.</p>