People v. Castro

California Court of Appeal Jul 16, 1958 No. Crim. 6076Published

Before: Wood (Parker)

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Holding. The court held that the evidence was sufficient to support a manslaughter conviction, as the trial judge could reasonably conclude the defendant did not act in self-defense given the nature of the wounds and the defendant's subsequent conduct. The court further held that the defendant was not prejudiced by the prosecutor's questioning regarding prior conduct.

Issues

Whether the evidence was sufficient to support the judgment of conviction for manslaughter.
Whether the defendant acted in self-defense.
Whether the deputy district attorney committed prejudicial misconduct during the examination of a witness.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The trial judge (trier of facts herein) could have concluded, from the fact that such wounds were inflicted, that appellant was not merely defending himself.”

“Whether appellant was acting in self-defense was a question of fact for the determination of the trial judge.”

“In view of the statement of the trial judge in overruling the objection, and in view of the negative answer, it cannot be said that appellant was prejudiced by the question.”

WOOD (Parker), J.

Defendant was accused of the crime of murder. It was also alleged in the information that defendant had been convicted of robbery. In a nonjury trial he was adjudged guilty of manslaughter. No determination was made as to the allegation of prior conviction. Defendant appeals from the judgment and the order denying his motion for a new trial.

Appellant asserts that the evidence was insufficient to support the judgment; and that the deputy district attorney was guilty of misconduct.

On March 8, 1957, about 11:30 p. m., the defendant and Baul Estrada, who were in a saloon in Los Angeles, engaged in an argument. Within a few minutes thereafter they were fighting outside, and at the rear of, the saloon. A patron of the saloon stopped the fight. Defendant and Estrada returned to the saloon, and about five minutes thereafter they began fighting inside the saloon. While they were fighting and wrestling they moved to the telephone booth. Defendant backed Estrada into the booth, and they continued wrestling in the booth. When Estrada tried to walk from the booth he fell and collapsed on the floor of the saloon. Defendant walked about half way to the outside door and then ran outside. Estrada died a few minutes after he fell. There were seven stab wounds on Estrada—one in the neck, just below the jaw; two in the left chest which penetrated the heart; another in the left chest; one in the abdomen; and two in the upper part of the left arm. The wounds were “circular” and were one-eighth inch in diameter. The cause of his death was stab wounds in the chest with penetration of the heart.

A waitress, in the saloon, testified that an ice pick was kept in the back bar; the ice pick was in the back bar on the evening of March 8, 1957; she did not see the ice pick on the “counter” that evening.

[179]

About 3:45 a. m. on March 9, a police officer knocked on the front door of defendant’s residence and identified himself as a police officer. At that time another officer, who was near the rear door of the residence, flashed a light through the rear screen door, and he saw defendant inside the door with shoes in his hand. Then the defendant, who had started back into the main part of the house, said: “Let them in. They caught me at the back door.” Defendant was arrested at that time.

People v. Castro

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