People v. Howk

56 Cal.2d 687 (1961)

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Nature of the Case

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Facts

Howk knew that D possessed some guns. Howk told D he wanted to kill Sonja, Howk's girlfriend and needed a gun. D told Howk that the best way to murder was to make it look like a hunting accident; that he would furnish a gun; that the two went to D's quarters, and D gave him a gun; that he examined it and gave it back to D stating that he did not have the 'guts' to use it. Eight days later, D met Howk again, and Howk told D he wanted a gun to 'protect' himself. D sold the gun for $20 with $20 to follow at a later date. Howk put the gun in his pocket, and the two went back to a restaurant and proceeded to drink beer and parted ways. In Howk's suicide note and in several statements to the police he had stated that he had stolen the gun from D, but this was not true; that he had made such statements to protect D. Several students heard Howk make threats about killing Sonja, and also knew D and knew that he possessed guns. One of them, Pieper by name, sought out D and expressed to him his concern about Howk's mental condition; that he warned D about giving Howk a gun. D lied to that same friend about selling a gun to Howk. After the murder, D was upset but admitted that the gun was given to Howk by himself. D gave statements freely to the police. He also told that about his taunts of lack of courage against Howk to use the gun on Sonja. D was convicted of involuntary manslaughter as defined in section 192 of the Penal Code. D appealed.