People v. Hempstead

Opinion

KING, J.

Fred Hempstead appeals from a judgment of conviction for second degree murder (Pen. Code, § 187) with a firearm (Pen. Code, § 12022.5) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)). We affirm the conviction.

On July 14, 1980, Hempstead shot Kenneth Pickett and Pickett’s brother, Eugene Henderson, in the home in which they all lived. Pickett died; Henderson was wounded in his right thigh.

Hempstead’s defense at trial was that the shooting was accidental: he was putting the gun away when Pickett hit his hand and caused the gun to fire; Henderson grabbed his hand…