People v. Johnson

Opinion

KANE, J.

Defendant Floyd S. Johnson appeals from a judgment of conviction entered after the jury found him guilty of second degree murder.

On September 17, 1972, between 6 and 7 p.m., Charles Stark (“Stark”) was stabbed to death by appellant in a parking lot adjacent to the Riviera Apartments on McCreery Avenue, San Jose. The altercation which resulted in the stabbing started due to Stark’s failure to pick appellant up in the car. Although Stark did not threaten him, appellant slapped Stark several times. Without offering resistance, Stark first backed away, but when appellant continued…