People v. Olea

Opinion

AULT, J.

Teodoro Morales Olea was charged with first degree murder (Pen. Code, § 187), tried by jury, and found guilty of voluntary manslaughter (Pen. Code, § 192, subd. 1), a lesser included offense. After the court denied his motion for a new trial, refused to reduce the degree of the offense, and sentenced him to state prison, he appealed, claiming: (1) Insufficiency of the evidence to support the verdict; (2) Error in instructing the jury on diminished capacity and lesser included offenses; (3) Error in giving an instruction on flight, pursuant to Penal Code section 1127c; (4) Error…