People v. Graham

California Court of Appeal Jan 2, 1958 No. Crim. 3388Published

Before: Draper

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Holding. The trial court's argumentative and coercive comments to the jury, which effectively directed verdicts on the degree of robbery and the intent element of burglary, constituted reversible error. However, the conviction for rape was affirmed because the defendant's own testimony provided overwhelming evidence of guilt, rendering the judicial error harmless as to that count.

Issues

Whether the trial court's comments to the jury exceeded the constitutional limits on judicial comment by becoming argumentative and coercive.
Whether the trial court erred in instructing the jury that a wrench was a deadly weapon as a matter of law.
Whether the trial court's improper comments and instructions resulted in a miscarriage of justice requiring reversal of the robbery, burglary, and rape convictions.

Disposition. reversed in part and affirmed in part

Quotations verified verbatim against the opinion

“The trial court, under the guise of comment, may not properly control the verdicts by a direction either directly or impliedly made”

“It is apparent that, from the evidence, the jury could have found that the wrench was not a deadly or a dangerous weapon in the light of all the attendant circumstances”

“It was error to instruct that the wrench was a deadly weapon as a matter of law.”

DRAPER, J.

A jury convicted defendant of first degree robbery, first degree burglary, and rape. He was sentenced to prison for consecutive terms, and appeals from the judgment and the order denying his motion for new trial. He asserts error in the comments of the trial court to the jury.

The jury was instructed and retired at 1:57 p. m. At 2:08, the jury returned to ask for the written instructions. Upon stipulation, they were handed to the foreman and the jury again retired at 2:11. At 5:08 p. m., the jury returned. The foreman said “We were discussing the degree ... We were interested in ... the interpretation of ‘deadly weapon.’ ” There was some discussion between the foreman, another juror and the court as to the wrench which had allegedly been carried by appellant, The court then said:

“Ladies and gentlemen, this ease is very simple. There is no question about it. I have never in my experience as a judge, some fifteen years, heard a more simple case than this.

“Now, I can’t tell you what to do. That is up to you, but I can comment on the evidence.

[527]

“Now, in any case of burglary or robbery or rape, even if there was no weapon used, it could still be rape. It could still be first degree robbery. It could still be first degree burglary. The size of the man is sufficient to create fear in a female such as the complaining witness. He didn’t have to have a weapon to make it first degree burglary or first degree robbery or rape. His strength alone was sufficient to create fear, to put the woman in fear.”

After brief further discussion between court and jury, the court said: “But, aside from the instructions, I don’t see how this man can claim he didn’t do what he has been accused of doing. The girl told a straightforward story and he corroborated everything she said in his written confession and in the recording.

“Of course, after he gets on the stand, he denies a lot of what he said in the recording and in the written confession over his signature.

“Now, how can you expect to believe a man like that? Although the man came in here and said, ‘I am not guilty and I didn’t do what she said I did on the stand,’ what statement did he make to the police?”

People v. Graham

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DRAPER, J.

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