People v. Kinowaki

California Court of Appeal May 31, 1940 No. Crim. 3266Published

Before: Wood

AI Brief

AI-generated · verify before citing

Holding. The court held that the trial court committed reversible error by refusing to instruct the jury on the right of self-defense and the requirements for circumstantial evidence, and by improperly assuming the fact of the victim's death in its instructions.

Issues

Whether the trial court erred in refusing to instruct the jury on the right to stand one's ground in self-defense.
Whether the trial court erred in refusing to instruct the jury on the requirements for circumstantial evidence.
Whether the trial court invaded the province of the jury by assuming the victim's death in its instructions.

Disposition. reversed

Quotations verified verbatim against the opinion

“The right to stand one’s ground should form an element of the instructions upon the necessity of killing and the law of self-defense.”

“The trial court also erred in refusing to instruct the jury at the request of defendants that where circumstantial evidence is relied upon, the circumstances must be consistent with the hypothesis that the defendants are guilty”

“Undoubtedly the question whether Namba is dead or alive was for the determination of the jury, and it is manifest that defendants cannot be guilty of manslaughter if he yet lives.”

WOOD, J.

Defendants were charged in count I of the information with the crime of murder and in count II with the crime of assault with a deadly weapon with intent to commit murder. A jury found them guilty of manslaughter and not guilty of the charge contained in count II. They prosecute the present appeal from the judgments of conviction and from the orders denying their motions for a new trial.

At about 9 :00 o ’clock P. M. on May 21, 1938, Teruhiko Namba entered the gambling establishment in Los Angeles of which defendant Tamatoda was manager. A fight then occurred which, according to the charges of the prosecution, resulted in the death of Namba. Defendants claim that the testimony is not sufficient to establish that Namba was killed

[378]

and that in any event their actions were justified on the ground of self-defense.

The record discloses a very decided conflict in the testimony presented by the parties. On behalf of the prosecution witnesses testified that Namba, who apparently was a stranger from Campo, California, went to the gambling establishment and, approaching Yamatoda, hit him on the back and said “Hey!”. Yamatoda pulled Namba into an office adjoining the gambling room and a fight immediately ensued in which the defendants, Namba and others took part. Several witnesses testified for the prosecution concerning the events that took place during the altercation. From their testimony it appears that as man;^ as five men were kicking Namba as he lay upon the floor. Defendant Kinowaki beat Namba on the back with a billiard cue, defendant Inoye beat him with a chair and Yamatoda “stamped on his chest” after he had fallen to the floor. One witness saw a pistol in the hand of Yamatoda but did not see a pistol in Namba’s hand. One of the witnesses attempted to stop defendants from beating Namba but Yamatoda told him to “get out”. A witness upon being asked as to the appearance of Namba said, “he was dead”. An objection was interposed by the defense and the court asked, “you mean that is the way Namba appeared to you ? ’ ’ and the witness replied, “I saw him as he was dead”. A witness testified that a short time later Inoye and Kinowaki and three other men carried Namba out and that “there was something wrapped around him”.

The wife of Namba testified that she last saw him at their home in Campo on May 12, 1938, on which date he left in a Dodge truck. She received a letter from him dated May 19, 1938. On his arrival in Los Angeles Namba registered at the Mikado Hotel, where a suit-case and clothing identified as belonging to him were later found. A thorough search for Namba was made by his brother at various institutions and advertisements were placed in newspapers but no trace of him has been found. Namba’s truck was located by his brother in a garage in Los Angeles.

People v. Kinowaki

AI Brief

WOOD, J.

More from California Court of Appeal

Related research

AI Brief