People v. Guthrie

California Court of Appeal Apr 13, 1951 No. Crim. 828Published

Before: Mussell

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Holding. The court held that while evidence of a prior similar incident involving the defendant should have been excluded, its admission did not result in a miscarriage of justice given the overwhelming evidence of the defendant's guilt.

Issues

Whether the trial court erred in admitting evidence of a prior similar incident involving the defendant to prove identity or motive.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Evidence of the “Young” incident should have been excluded.”

“in view of the overwhelming evidence of the defendant’s guilt, including his own testimony, the evidence covering the “Young” incident and the instruction given concerning it, obviously did not affect the verdict of the jury.”

MUSSELL, J.

A jury found the defendant guilty of assault with a deadly weapon with intent to commit murder and he appeals from the judgment thereafter pronounced and the denial of his motion for a new trial.

On the morning of June 23, 1950, at about 11 o’clock, the defendant and his wife entered a restaurant known as “Drake’s Café” in Terra Bella. Neal Drake (the proprietor of the café), Carl Trigg (the victim of the assault in the instant case) defendant and his wife all drank from a bottle of whiskey furnished by the defendant. The defendant induced Drake and Trigg to go with him to visit his home in the rural part of Tulare County. Shortly thereafter the three men and the defendant’s wife left in defendant’s station wagon, and with Trigg at the wheel, drove to the city of Porterville, where they stopped at another café and where more drinks were ordered and consumed. They then went to a liquor store in Porterville and bought a fifth of whiskey, and proceeded to Guthrie’s house. Upon arrival, Mrs. Guthrie went in the downstairs bedroom to lie down and the three men went into the living room. Defendant turned on the radio and when he sat down, “bumped” into Trigg. Trigg “bumped” him back and said “Why you little squirt.” The defendant then said “You hurt my arm. You are a lots stronger than me but I have got a gun.” Drake then went out of the room and was asleep in another part of the house when the shooting took place.

Trigg testified that after Drake left the room, the defendant got up, started across the room and stated that he was going to. get a drink; that he, Trigg, went over to the radio to turn it on and then walked over to the mantel where the whiskey was; that while he was standing there reaching for the bottle, he heard the defendant say “You son of a hitch, I am going to kill you”; that he wheeled around and saw the defendant standing there pointing a gun at him and at this time the defendant shot him twice.

The defendant testified that immediately preceding the

[470]

shooting,. Trigg started moving out of the room and he asked Trigg where he was going; that Trigg said he was going to see Mrs. Guthrie; that the defendant said “Please don't disturb her" and Trigg replied “I will go any damn place I please"; that the defendant got up from the radio, faced Trigg and said “Over my dead body"; that they started scuffling and that Trigg threw him on the floor and held him a while and that he (the defendant) got up, went upstairs and there got the revolver; that he then started down the stairway and said “Get away from the door"; that when nearly to the foot of the stairway, he shot his' gun in the general direction of Trigg; that Trigg was standing facing him with his arms outspread at the time; that the first shot didn’t seem to move Trigg, so he shot him again.

People v. Guthrie

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MUSSELL, J.

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