People v. Hillman

DORAN, J.

Defendant was charged with murder. Following a jury trial he was found guilty of murder in the first degree. The verdict provided for life imprisonment. Defendant appeals from the verdict, the sentence and judgment, and also from the order denying defendant’s motion for a new trial.

It is contended by appellant that, ‘ ‘ The court erred in excluding evidence: (a) That following his wife’s attempt at suicide in 1952, appellant was solicitous of her welfare and he personally cared for her and administered to her, thereby saving her life, (b) That appellant and his wife effected a reconciliation several days prior to the homicide.”

“ That the court erred in excluding evidence: (a) Of the medical records of the Paso Robles Hospital showing that decedent was suffering from alcoholism, psycho-neurosis and had been treated for barbiturate poisoning, (b) That on November 9, 1954, decedent’s physician examined her and found her extremely depressed and agitated over both her mental and physical condition and because her husband (appellant) had not returned.”

‘ ‘ The evidence is legally insufficient to support the verdict. The verdict is contrary to the law and the evidence.”

As recited in respondent’s brief, “In 1946 Wayne Hillman and Marie Hillman were married. About four months after the marriage date difficulties arose between them and from then on their marital history was punctuated by quarrels and misunderstandings. The quarrels were frequent, often violent. When Marie Hillman was given certain duties in connection with the Hillman ranch which the appellant owned

[904]

near San Luis Obispo, difficulties arose over the performance of these duties. . . .

“On January 31, 1955, at the Hillman ranch the appellant and his wife began a particularly violent quarrel. According to the appellant his wife’s drinking habits were of concern to him, and he chided her about them. During the argument the appellant pushed his wife, and she fell down. Thereafter his wife left the room and Hillman finished his dinner. He went into the living room. His wife was in the bedroom lying down. The quarrel between the parties resumed, and the appellant went into the bedroom and proceeded to undress conversing with his wife all the time. During the course of the evening with the argument resuming and shutting off alternatively, appellant stated that he warned his wife to ‘lay off Wayne Martin.’ His wife taunted him by stating, ‘You’d better look out for Johnny.’ This is according to the testimony of appellant. The appellant gave his version of what then occurred and he testified that he was under the belief that his wife was reaching for a gun in the drawer of her nightstand. According to his testimony in order to beat her to the draw, so to speak, he reached into his own nightstand drawer, grabbed his own gun and shot his wife three times, killing her. Thereafter, his son, DeWayne Hillman, came in and the appellant stated, ‘I just shot your mother.’ Officers were called and came immediately to the Hillman ranch.