People v. Hooper

SCHAUER, J.

Defendant Henry Hooper pleaded guilty to the charge of murdering Mrs. Lilly Calvert. The trial court determined that the murder was of the first degree (see Pen. Code, § 1192) and specified death as the punishment (see Pen. Code, § 190). On this automatic appeal from the judgment we have concluded that no ground for reversal or modification appears.

Defendant’s principal contention is that there is insufficient evidence of deliberation and premeditation (the only theory upon which the murder could be of the first degree). Defendant himself did not take the stand and the only evidence on this crucial question is the following testimony as to his behavior:

Defendant and Mrs. Calvert had known one another for at least two months (the precise length of time does not appear) preceding the killing. He had been a frequent visitor at her home. Mrs. Calvert lived with her two sons, Hurley, aged 14, and Bobby, who was younger. Mrs. Calvert once said that she and defendant planned to marry; later on she told defendant that she did not want to see him again because she objected to his excessive drinking.

About 5:30 p. m. on February 10, 1949, the day of the killing, Mrs. Calvert had a telephone conversation with defendant, in the course of which she told him not to come to her house. What defendant said to her in this conversation does not appear. Mrs. Calvert at once telephoned the police; this call was made at 5:42 p. m. There is no evidence of what she reported, but an officer was sent to her home “to investigate.” Before the officer arrived defendant came to the Calvert home and, without knocking or requesting admission, forced open the screen door, which was hooked, and the wooden door, which was secured with a bolt latch; these doors led into the kitchen. Defendant said, “I just want to show

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you my cheek.’’ Mrs. Calvert replied, “I don’t want to see the check.” The police officer who had been sent to the Calvert home then arrived. Mrs. Calvert pointed out the door fastenings which defendant had broken and told the officer that “she didn’t want to have charges made against him; she said she would like to be as nice to him as she could, but he wouldn’t leave her alone . . . She said, ‘All I want Henry to do is leave my house. ’ . . . [Defendant] said, ‘O.K., I will leave, I will leave with the policeman.’ ’’ The officer “told him not to come back to the house any more” and the two men left together.