California Court of Appeal October 25, 2000, B128162 (People v. Bohana)

Opinion

YEGAN, J.

A jury convicted Donald James Bohana of the second degree murder of Delores Velma Jackson. (Pen. Code, §§ 187, 189.)

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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

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and misfortune” (§ 195), and that the trial court erred in failing to instruct the jury sua sponte