People v. Rothrock

WOOD, J.

—Defendant was charged in an information in three counts with the crimes of attempted murder of Golda Draper, attempted murder of John H. Ganzenhuber and assault with a deadly weapon upon George Zeras. Upon a trial without a jury he was found guilty of all three charges and now appeals from the judgment.

The crimes were committed on September 12, 1935, at a restaurant in Los Angeles at which Golda Draper was employed as a waitress. On two occasions before September 12th, defendant had been a customer at the restaurant and the last time he was in the restaurant Miss Draper refused to serve him and asked him to leave because of his misconduct. At that time defendant became abusive and attempted to strike

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Miss Draper with a cane. On leaving the premises he told Miss Draper that he would “get” her. On the occasion of the commission of the crimes Miss Draper was engaged in her duties when she was shot in the back by defendant. The bullet passed through Miss Draper’s body and entered the arm of Ganzenhuber, who at the time was being served by Miss Draper. At that time she did not see defendant. Immediately after the shot was fired George Zeras, the proprietor of the restaurant, followed defendant to the sidewalk, whereupon defendant ordered Zeras to keep away from him and menaced him with a revolver. Zeras sought shelter in the entrance to a barber shop near by and defendant ran down the street and entered a waiting automobile. Before the shooting the defendant had engaged the services of one Redell, a taxicab driver. After the shooting defendant entered the car and pointed a gun at Redell, directing him to drive down a dark street and stay away from traffic. He told Redell that he had shot a man who had thrown a milk bottle at him. Later that evening defendant was arrested in a hotel and told the arresting officer that his name was Jones. The officer discovered an empty revolver holster upon the person of defendant and asked him where the gun was, to which defendant replied that he did not know. The officer searched the room and found the gun concealed under a mattress. At that time the gun contained six; shells, five of which were loaded and one had been discharged. Defendant told the officer that he had shot the girl because she had been mean to him and had taken a bowl of soup away from him.