People v. Lee

Opinion

BAXTER, J.

The sole question presented in this case is whether the Court of Appeal erred in concluding that even though the evidence was sufficient to support a conviction of second degree murder (Pen. Code, § 187),1 defendant’s conviction of voluntary manslaughter (§ 192, subd. (a)) must be reversed because evidence of provocation was insufficient.

The Court of Appeal held that defendant’s request for a voluntary manslaughter instruction was not invited error which precluded his appellate claim, It also held that the evidence was not sufficient to establish that defendant acted under…