People v. Seiterle

GIBSON, C. J.

Defendant was indicted for the murders of Mr. and Mrs. Charles Duvel, and as to both counts he pleaded guilty to murder in the first degree. He also entered pleas of guilty with respect to charges of several other crimes, including two counts of kidnaping for purposes of robbery with bodily harm and one count of conspiracy to commit murder in the first degree. Upon a trial on the sole issue of penalty, the jury fixed his punishment at death for each of the murders and at life imprisonment for each of the kidnaping offenses and for the conspiracy to commit murder.

1

The appeal comes to us automatically under subdivision (b) of section 1239 of the Penal Code.

On the evening of August 10, 1960, defendant, who was 19 years of age, met two 16-year-old boys, Karl Gentry and Thomas O’Hara, and they drank several cans of beer while driving in defendant’s car. They went to O’Hara’s house where they obtained a BB pistol which “looked like a real gun,” and defendant said something about “pulling a holdup.” Defendant also stated that he needed new tires for his car, and at Gentry’s suggestion they stole a car and took three tires from it. After they drank more beer, defendant suggested “holding up a house” with the gun. He said he knew some people who kept a large amount of money in their house, and he drove to the home of Charles Duvel. The evidence is conflicting as to whether defendant said it would be necessary to kill the Duvels because they would recognize him.

[322]

Mr. Duvel came to the door when defendant knocked. Defendant drew the gun, entered the house with Gentry and demanded to know where the Duvels kept their money. Mr. Duvel led them to a bedroom where he took about $200 from a small dresser and gave it to defendant. Mr. Duvel was compelled to remove his pajamas and lie prone on a bed, and defendant, using drapery cords and nylon socks, tied him to the bed posts. Mrs. Duvel was forced to remove the blouse of her pajamas and lie on a bed while she was also tied to bed posts. Gentry searched the house for more money, found a strongbox, and gave it to O’Hara, who had entered the house while the Duvels were being tied. O’Hara opened the box, found it empty and left the house. Defendant met Gentry in another room, and they went back to the bedroom to gag the Duvels.