People v. Hudson

TRAYNOR, J.

— This appeal is from a judgment imposing the death penalty following defendant's conviction of first degree murder.

The following facts are undisputed: At approximately 2 p. m. on July 6, 1954, defendant was drinking beer in a bar, the Black Cat Café, in the town of Stratford. Shortly thereafter William Tuttle came into the bar wearing a distinctive black hat. He and defendant engaged in conversation. At that time defendant had no money and Tuttle bought Mm a beer. Between 2:30 and 3 p. m. defendant and Tuttle left the bar together, taking four cans of beer with them. Defendant told the bartender that they were going for a ride. They were next seen sitting together in Tuttle’s green 1952 Lord pickup truck, which was parked by a clump of shade trees near the edge of town. Thereafter they went to Tuttle's cabin, which was located in an agricultural labor camp outside of Stratford. They remained at the cabin for half an hour drinking beer before they started back to town. The drive back was interrupted by Tuttle’s wish to urinate. Both defendant and Tuttle alighted from the truck at a point along a rural road. Defendant hit Tuttle on the side of the face with his fist. The blow knocked Tuttle to his hands and knees, whereupon defendant kicked him about the head, and he fell to the ground. Defendant moved him a few feet away from the side of the road but did not hide the body. He then took Tuttle’s purse and drove away in Tuttle’s truck. The body was found three days later. It was in a “fairly advanced’’ state of decomposition, but an autopsy showed that death was caused by cerebral concussion and hemorrhage and by a compound fracture of the jaw, both owing to blows about the head and face. In his testimony at the trial, the autopsy surgeon stated that the concussion,

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hemorrhage, and fracture were combined causes and that one of them could not be singled out as the sole cause of death. Within an hour after having left with Tuttle, defendant returned to Stratford driving Tuttle’s truck and wearing Tuttle’s black hat. He went into the Black Cat Café and paid for the beer that he had purchased on credit earlier in the day before leaving with Tuttle. He also bought drinks for everybody in the bar and bought 24 cans of beer and two hamburgers to take with him. On leaving the Black Cat Café, he went across the street to a grocery store, where he was known, and bought a pint of whiskey and some luncheon meat. He put his purchases in Tuttle’s truck and started to drive out of town. He stopped at a service station to buy gas and oil for the truck. He drove away and had an accident at the edge of town in which the truck was turned over and his right foot severely cut. He urged two witnesses to the accident not to call an ambulance or the police and stood talking with them until his brother arrived and drove him to his brother’s home just outside of Stratford.' Defendant stayed there overnight. On the following day, his brother drove him to Corcoran where he took a cab to Fresno. After staying in Fresno overnight, he boarded a bus for Arizona. He ultimately made his way to El Paso, Texas, where he called on the sheriff’s office and the highway patrol for help in entering a hospital to obtain treatment for an infection in his injured foot. He was apprehended before leaving the hospital, in which he had registered under his own name, and returned to Kings County to stand trial on charges of murder, robbery, and theft of a vehicle (Veh. Code, § 503) Defendant pleaded not guilty and not guilty by reason of insanity. In his testimony at the trial, however, he admitted the robbery and the theft of the vehicle. He also admitted that he had struck Tuttle in the face with his fist and that he had kicked him about the head. He explained that he and Tuttle had been discussing the possibility of defendant’s buying the truck from Tuttle and that on the way back to Stratford defendant had asked permission to drive in order “to try it out.’’ Tuttle gave his permission but when they stopped at the place where the killing occurred they had an argument over Tuttle’s complaint that defendant was driving too fast and recklessly. Defendant testified that the blows were the result of this argument and that he did not form an intent to rob until after the attack had ceased: “Mr. Tuttle gets out of the car on the opposite side of the driver.