People v. Russell

WHITE, J.

In an information filed by the District Attorney of Los Angeles County, defendant was accused of the crime of assault with a deadly weapon. A jury found him guilty and this is an appeal by him from the judgment.

Defendant had been working as a “burner” at the California Shipbuilding Corporation in Los Angeles County and the complaining witness, Arthur Warner, was his foreman. On the morning of November 4, 1942, defendant and complainant became embroiled in a heated argument as to whether defendant would perform a certain type of work assigned to him by his foreman. When the defendant refused to perform the work assignment given him by the complaining witness he threatened to discharge the defendant, whereupon the latter applied a vile epithet to the foreman and demanded his wages. The two then went together to the company office to get defendant’s pay for him. They both entered the office and defendant testified that the foreman cursed him and ordered him to leave the office. In any event, defendant made his exit ,and stood just outside the office door from which location, according to the complainant, the defendant continued to address vile and opprobrious names to the complaining witness. The latter testified that just as he stepped out of the office the defendant was standing in a “hunched position” and suddenly “turned and jumped and hit me.” The complainant further testified that he struck the defendant “after he struck me, or at the same time he moved toward me, at the same time.” As a result of this encounter the complaining witness received a jagged wound in his cheek, requiring eleven stitches, and which was admittedly inflicted by the defendant with the aid of a small 2% inch fingernail file which folded up like a jack-knife. Another witness testified that he heard the defendant inviting the complainant to come out of the office, at the same time using foul and vile language and

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threatening “I will show you something, or I will beat you up, or words to that effect. ’ ’ Still another eye witness to the fracas testified “Warner just stepped down off one step to the right and I saw Russell ahead of him, facing him, make one swing at him.”

The defendant set up the plea of self-defense and after testifying to the disagreement between himself and the complainant with reference to the type of work defendant was asked to do, he testified that the complainant discharged him and told him to go to the office to get the wages due him; that they both entered the office, whereupon the complainant cursed the defendant and ordered him to get out of the office; that he complied with that request and stood “right outside the door”; that he was in a weakened physical condition, having received some 59 blood transfusions. That the complaining witness ran out of the office and struck him between the eyes. Defendant further stated that he fell upon the “burning table”; that he was excited and seared; that the complainant grabbed hold of him and again struck him. Defendant testified that he had the fingernail file in his hand during the melee and with it inflicted the injuries which gave rise to this prosecution.