People v. Horn

Opinion

TOBRINER, J.

Defendants Wilmout Horn and Virgil Lee Feltner appeal from convictions, following jury verdict, of conspiracy to commit first degree murder (Pen. Code, § 182), of arson (Pen. Code, § 447a), and of unlawful manufacture of a fire bomb (Pen. Code, § 452).' Evidence submitted at the trial showed that at the time of the conspiracy defendants were so intoxicated that they may have lacked the capacity to entertain malice aforethought, and consequently that the conspiracy should be classed as one to commit voluntary manslaughter. The trial court, however, erroneously refused to…