People v. Lovato

I dissent. It seems clear to me that the trial judge gave the instructions which in the main opinion are found to be prejudicially erroneous in accordance with the rule laid down by the Supreme Court in People v. Ford, 65 Cal.2d 41, 57-58 [52 Cal.Rptr. 228, 416 P.2d 132], and earlier cases. There it is pointed out that it is not error to refuse to give a manslaughter instruction, even though there was evidence of diminished capacity of the defendant, if as here the felony-murder doctrine is directly involved. In the opinion it is said: “Defendant maintains that it was error to refuse *300requested…