People v. Theus

[723]

FOX, J.

Defendant appeals from a judgment of conviction of murder in the second degree. His only ground for a reversal is the asserted insufficiency of the evidence. Examination of the record, however, in the light of applicable legal principles, fails to sustain his position.

Defendant and the victim, James Lord, had an altercation on Christmas day, 1954. He hit Lord three times with a piece of iron pipe, thus causing the latter’s death. Defendant pled self-defense on the claim that Lord attacked him with a knife.

Defendant spent the night before Christmas at the home of Miss Cary Williams and Henry Brown on East 99th Street, in Los Angeles. The victim, Lord, lived about a block away. Mattie Bursey, a friend of Miss Williams, roomed in Lord’s house. On Christmas morning, at the request of Miss Williams, defendant went over to Lord’s residence “to get some coffee from Mattie Bursey. ’ ’ Defendant arrived there between 6:30 and 7 o’clock. Upon asking for coffee, he was told by Miss Bursey that she had none. Defendant and Lord then engaged in an argument in the living room. Defendant, however, soon returned to the Williams-Brown address where he spent portions of the day. About 8 :30 that morning, Miss Bursey visited her friend Miss Williams and stayed there the rest of the day. Some time before noon, Lord came to the Williams-Brown home. During the course of the day, both defendant and Lord consumed quantities of liquor and had an argument in which defendant used strong and abusive language toward Lord. As a result of his vituperative conduct, defendant was put out of the house. He later returned and was readmitted. Another argument ensued whereupon Harry Brown put defendant out of the house again. Defendant remained outside “walking up and down the south side of the street with what appeared to be a base ball bat in his hand. ...” He then left in his car but soon returned. He “came to the back of the porch” but Miss Williams would not let him in. He again drove away. Soon thereafter, Lord stated, “I’m going home” and left the Williams-Brown residence. Mattie Bursey then observed defendant following the route in Ms car that Lord had taken home. Sensing trouble, she ran after them and came upon the scene of the crime where she saw defendant standing over the victim’s prostate body with a club in his hand. This was on a vacant lot right off the sidewalk. Defendant then got into his car and drove away. The victim told the officers “that he had