People v. Mcgee

187 P.2d 706 (1947)

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Nature of the Case

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Facts

D and Linck went to the clubrooms of a fraternal organization in San Pedro. They had two drinks at the bar and entered the card room. Linck joined the card game, and D took Linck's place at the table when Linck went to the bar. After about 20 minutes, D and Linck went out of the club. They immediately returned because Linck believed he had left $40 on the card table. Linck asked, 'Gentlemen, do you know what became of the money I left on the table?' One of the players pointed to D. Linck asked D, 'Hank, did you take it?' or 'Did you play?' Linck 'understood D to say yes' and Linck and D left the card room. As they walked through the bar, Rypdahl came from the card room into the main club which was dimly lighted. Rypdahl came toward D and when he was 'about 6 or 8 feet away' Rypdahl pulled his hand around from the back of him. Just as Linck had started to open the door, D shot Rypdahl in the abdomen. As a result of hemorrhage from the bullet wound Rypdahl died the next day. D was charged with both murder and manslaughter and was convicted of manslaughter. D appealed on a number of grounds. D contends in part that the trial court excluded evidence which would have tended to show that the proximate cause of Rypdahl's death was not the bullet wound but the manner in which the wound was treated.