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.) 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 and misfortune” (§ 195), and that the trial court erred in failing to instruct the jury sua sponte on excusable homicide and involuntary manslaughter. We affirm.

Facts

In 1994 appellant was dating Delores Jackson. On the night of August 26, 1994, Jackson arrived at appellant’s house for a late dinner. At 3:34…