People v. Read

Opinion

HANSON (P. D.), J.

This is an appeal from a judgment of conviction of involuntary manslaughter and firearm use in violation of Penal Code sections 192, subdivision 2, and 12022.5.

Facts2

Discussion

Appellant, who shot and killed the victim with a shotgun in a confrontation outside a bar, was charged with murder and convicted of involuntary manslaughter. The jury was instructed that involuntary manslaughter is an unlawful killing without malice which occurs “in the commission of an act ordinarily lawful which involves a high degree of risk of death or great bodily harm, without due caution…