People v. Nerida

YORK, P. J.

Appellants were charged by an information with the murder of one Benny Enriquez on or about November 22, 1937. The jury in the first trial disagreed, and a second trial was had in which verdicts were returned finding Pete Nerida guilty of murder in the second degree, and finding the other two appellants guilty of manslaughter.

[13]

This appeal is prosecuted from the orders by which their motions for new trial were denied, and from the judgments of conviction.

It is shown by the record that on the evening of November 20, 1937, a dance was given at Roma Hall, situate at Sunset Boulevard and Figueroa Street in the city of Los Angeles, by Clarín Lodge, a Filipino labor organization. The three appellants, none of whom was a member of the lodge,' arrived together in the vicinity of Roma Hall between the hours of 9 and 10 o’clock on the evening in question, and all three were present on the dance floor around midnight when a general disturbance occurred, in which appellants participated. The decedent, Benny Enriquez, was a member of the lodge and during the altercation which occurred, appellant Bumatay was seen holding Enriquez around the neck with his left arm, at the same time holding a knife in his left hand. There is evidence to the effect that appellant Pete .Nerida twice stabbed Enriquez in the abdomen with a knife, whereupon appellant Bumatay released his hold on Enriquez, who started toward the rear of the hall. Appellant Marcelino Nerida then made an unsuccessful attempt to strike Enriquez in the back with his knife, and at that moment one Nick Lota grabbed Marcelino Nerida’s right arm; Marcelino transferred his knife from his right to his left hand, struck Lota in the back with his knife, cutting Lota’s coat, but inflicting no wound, and then stabbed one Pablo Garcia in the leg, as said Garcia climbed over the checkroom counter. Immediately thereafter the three appellants left the lodgeroom.

Enriquez, the injured man, was removed to the Georgia Street Receiving Hospital, where it was found upon examination that he had 'sustained a stab wound about one inch in length in the abdomen. It was found necessary to make a four and one-half inch incision for exploratory purposes, but no injury to the intestines was noted. Said Enriquez was later moved to the San Antonio Community Hospital at Upland, California, where he died on November 22,1937, from a “very violent infection”.