P. v. Holloway
Edward Holloway was charged with murder and convicted of three lesser offenses: involuntary manslaughter; assault with a deadly weapon and infliction of great bodily injury; and battery with infliction of serious bodily injury. (Pen. Code, §§ 192, subd. (b), 243, subd. (d), 245, subd. (a)(1), 12022, subd. (b)(1), 12022.7, subd. (a).)[1] The court sentenced defendant to seven years in prison on the assault count and stayed sentence on the remaining counts.[2] Defendant appeals upon contentions that the trial court erred in (1) refusing a special instruction on causation related to his claim that a superseding intervening cause was responsible for the victim’s death; (2) responding to jury questions during deliberations by referring the jury to the standard instructions on causation without further elaboration; and (3) refusing to give an adverse inference instruction based on the fact that police testing of drug residue found in the victim’s apartment consumed the residue and precluded testing by the defense. We shall affirm the judgment.
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