People v. Parrish

McCOMB, J.

From a judgment of guilty of attempted murder, after trial before the court without a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial.

The evidence being viewed in the light most favorable to the People (respondent), discloses the following facts:

On the evening of September 13, 1947, defendant introduced himself to Mr. Thomas who feigned to be an accomplice throughout the events herein described. Defendant told Mr. Thomas he had a deal which would result in obtaining for him $2,600 from defendant’s wife, and that he (defendant) did not want any part of it; that all he wanted was some valuable papers, particularly life insurance of his wife. Defendant stated that he intended to kill his wife with a .22 caliber rifle which he owned, and that after she was dead he would inherit her property and would no longer have to pay her alimony. He suggested that Mr. Thomas go with him to Mrs. Parrish’s house where Mr. Thomas, under the pretext of being interested in buying property in the area was to gain admission. Defendant would follow him into the house and “do the rest.”

[855]

Mr. Thomas made an appointment with defendant to meet him in the 800 block on Pair Oaks Avenue in Pasadena between 7 and 7:30 p. m. on the following Monday, September 15, 1947. Before this date Mr. Thomas learned the address of defendant’s wife and communicated the plan to her. She in turn told the local police officers about the scheme. Mr. Thomas and defendant met at the appointed place on Monday night, but defendant said he had to take a lady to the hospital and it would be too late thereafter to execute the plan. He therefore arranged to meet Mr. Thomas the following night, on Tuesday, at the same time and place. This fact Mr. Thomas in turn communicated to defendant’s wife.

Mr. Thomas and defendant met as planned, whereupon they proceeded in Mr. Thomas’s car to the home of Mrs. Parrish. When defendant met Mr. Thomas he was carrying a .22 rifle under his sweater. When they entered Mr. Thomas’s car this rifle was placed in the back of the car. Defendant gave the directions to his wife’s home and en route asked if Mr. Thomas had any gloves, .stating “We can’t have no fingerprints. ” Defendant at the time had a pair of gloves in his hand and stated that he was taking the gun along in order to kill his wife.