People v. Rilarcosa

This is an appeal from a judgment pronounced after a jury had found defendant guilty of manslaughter and also from an order denying his motion for new trial. Defendant urges that the evidence is conclusive that he acted in self-defense when he shot deceased and complains of one instruction given by the trial judge.

Defendant and deceased attended a dance held in Delano on the evening of September 19, 1936. Defendant left the dance hall first, but waited on the sidewalk near by. Deceased and several of his friends left the dance hall about thirty minutes later. A few moments before deceased was…