People v. Duran

Opinion

CHRISTIAN, J.

Jesse Duran appeals from a judgment of imprisonment after a jury found him guilty of murder in the second degree (Pen. Code, § 187.)

Lydia Sheridan gave a large party at her house in San Jose. Appellant and his wife attended the party, and appellant played pool from about 6 to 9 p.m. During this period he had about five cups of beer.

During the evening appellant saw Michael Smith, the victim, fondling Mrs. Duran. Appellant grabbed Smith and told him to keep away from his wife. Later that night, appellant went outside and found that his wife had been thrown into a tub fully…