People v. Wagner

California Court of Appeal May 18, 1937 No. Crim. 348Published

Before: Marks

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Holding. The court held that while the trial court erred in admitting accusatory statements that the defendant had denied, the error was harmless because the defendant's own voluntary confessions and other evidence sufficiently supported the conviction. The court further held that the corpus delicti was sufficiently established to admit the defendant's extrajudicial statements.

Issues

Whether accusatory remarks made in the presence of a defendant who denies them are admissible as evidence.
Whether the corpus delicti was sufficiently established to allow the introduction of the defendant's extrajudicial statements.
Whether the trial court erred in limiting evidence regarding threats made by a third party against the deceased.
Whether the evidence was sufficient to support the verdict and judgment.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Where a defendant denied his guilt, accusatory remarks made in his presence are not admissible for any purpose.”

“Under this state of the record the corpus delicti was sufficiently established to permit the introduction in evidence of the extrajudicial statements of defendant.”

“Defendant stands convicted by his own confessions and cannot complain because the jury, the trial judge, and this court have accepted his own statements at their face value.”

MARKS, J.

—Defendant was charged with the crime of murder. He was convicted of manslaughter and has appealed from the judgment and order denying his motion for new trial.

Defendant urges that the trial court committed error in admitting in evidence, over his objections, statements made by deceased in the presence of defendant wherein deceased accused defendant of having shot him. Defendant immediately denied the accusations and asserted he had not shot deceased. Under a similar state of the record this court said, in

People

Wignall,

125 Cal. App. 465 [13 Pac. (2d) 995]:

“Where a defendant denied his guilt, accusatory remarks made in his presence are not admissible for any purpose.

(People

Lapara,

181 Cal. 66 [183 Pac. 545] ;

People

Goltra,

115 Cal. App. 539 [2 Pac. (2d) 35] ;

People

Ayhens,

16 Cal. App. 618 [117 Pac. 789].) The testimony of the district attorney should not have been offered in evidence.

(People

Teshara,

134 Cal. 542 [66 Pac. 798];

People

Goltra, supra.)”

Defendant maintains that the

corpus delicti

was not established and, therefore, extrajudicial statements made by him were improperly admitted. Deceased was shot on the afternoon of November 21, 1936. The bullet entered the left side of his body about three and one-half inches above the crest of the left hip bone. It ranged downward and backward piercing .the intestines and spinal column. He died on the early morning of November 23, 1936, from peritonitis induced by the wound. A thirty-eight caliber ball was removed from his body. Defendant owned a thirty-eight caliber revolver which was found in a room adjoining that in which deceased was shot. In addition to the bullet in deceased ’s body another had entered the wall of the room in which deceased was shot. Two thirty-eight caliber shells were found stamped into mud outside the door of the .house where the crime had been committed. While there was no direct evidence of the presence or absence of powder burns

People v. Wagner

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MARKS, J.

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