People v. Martin

Opinion

BEACH, J.

After a jury trial in which appellant was found guilty of second degree murder, he was sentenced to state prison. He appeals. We affirm.

Facts:

On April 16, 1978, appellant was staying temporarily with his sister, Sharon Martin, and her boy friend, Tyrone Labostrie, at their apartment in Long Beach. At 7:30 that evening, all three were at the apartment. Also present were two guests: Ernest Hobbs and his fiancee, Deborah Martin (no relation to appellant). Appellant kept staring at Deborah Martin.

Around 8 p.m., the three men started playing a game of dominoes. During the game,…