People v. Cartwright

Opinion

KLEAVER, J. *

Defendant Brian James Cartwright, respondent and cross-appellant herein, appeals his conviction of second degree murder. The People, 1 appellant and cross-respondent herein, appeal the trial court’s reduction of the jury’s first degree murder verdict to second degree.

Statement of Facts

On December 31, 1976, defendant Brian James Cartwright decided to spend New Year’s Eve with his brother Robert and his family (Robert’s wife Kim and their one and one-half-year-old child Sean). He telephoned their home, at Roseville, and although being told by Kim that they were going to be…