People v. Griffin

Opinion

BROWN (G. A.), J.

Donald Paul Griffin appeals from a judgment entered upon a guilty verdict of first degree murder (Pen. Code, § 187). He was sentenced to fife imprisonment by the court (Pen. Code, § 190.1) after the jury failed to agree on the imposition of punishment.

As grounds for reversal, among others, appellant asserts that the trial court should have given, sua sponte, a nonstatutory manslaughter instruction called for by People v. Conley, 64 Cal.2d 310 [49 Cal.Rptr. 815, 411 P.2d 911], at page 318, where the court said: “Accordingly, a finding of provocation sufficient to reduce…