People v. Dewberry

Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of second degree murder and of a violation of section 12021 of *551the Penal Code (possession of a pistol by an ex-convict). He also appeals from the order denying his motion for a new trial. He contends that the evidence is insufficient to support the verdict and that the refusal to give certain requested instructions was prejudicial error.

The circumstances of the homicide were related at the trial by two witnesses, Jesse Mosley and defendant. Mosley testified that about 7:30 a.m. on Sunday, October 14,…