People v. Walker

MOORE, P. J.

Having been convicted of murder by a jury appellant assigns as prejudicial errors (1) the insufficiency of the evidence and (2) misleading instructions. The arguments for a reversal revolve around the fact that the homicidal victim was an innocent bystander while the latter’s brother had been the object of appellant’s wrath in an immediately recent brawl.

About 9:30 o ’clock in the evening of September 15, 1945, while Alfred Shaw and a boy were playing pool in a hall on the east side of Wilmington Boulevard near its intersection with 116th Street in the city of Los Angeles, appellant entered and promptly placed his hand over the pocket at which the boy was aiming. Addressing appellant, Alfred said, “Lean off the table, daddy, don’t lean on the table.” Thereafter, when Alfred inclined over the table to pay for the game, he' was accosted by appellant who with a vile oath said, “Don’t tell me not to lean on the table, ’ ’ and struck the young man on the nose. As the latter retreated around the room appellant pursued him saying, ‘ ‘ Grey eyes, you have been messing with me a lot of times.” At that moment Alfred’s brother-in-law, Coy Collins, entered the pool hall, prevented appellant’s further pursuit of Alfred and conducted him from the premises while urging him to desist from his undeclared purpose.

[12]

But as he was in the act of crossing the threshold appellant muttered: “I’ve got something to fix all you son-of-a-bitches.’’ Spurning Collins’ interference as they proceeded, he walked about 70 feet directly to his automobile in the entrance to an alley on the west side of the boulevard. Immediately on arrival he took his revolver therefrom. Sam Walker, perceiving the futility of Collins’ admonitions, took his brother by the arm just before the latter fired the first ineffective shot. Following Sam’s immediate release of him and Collins’ hasty departure, appellant fired a second discharge into the body of Vernal Shaw, the brother of Alfred. Vernal had been conversing with two women in front of the pool hall prior to the moment appellant and Collins proceeded across the street. While appellant was searching for his gun Vernal followed the same course and stopped in front of the barber shop which adjoins the 20-foot alley in which appellant’s car was parked. As he fired the second time, appellant stood near his automobile in the alley and approximately 15 feet from Vernal. A sketch attached to respondent’s brief and reproduced herewith is a fairly accurate representation of the premises and of the positions of the parties.