People v. Green

Opinion

GINSBURG, J. *

This is an appeal from a judgment based upon the verdict of a jury of guilty of murder in the first degree.

Defendant was charged with the murder of one Walter Lee Perry, in violation of Penal Code section 187.

The evidence showed that prior to April 8, 1969, the date of the alleged offense, the defendant and the victim had been friends. They had commuted to work together in a car pool. On the morning of the killing, an altercation arose between the victim and the defendant on the way to work. This altercation resulted in a fight, in which the defendant was badly beaten.…