People v. Briggs

[44]

EDMONDS, J.

Maurice Briggs has been convicted of the crime of murder in the first degree and sentenced to death. Upon his appeal from the judgment and from the order denying his motion for a new trial, he admits that he shot and killed Nat Rosenberg, but he complains of rulings of the judge upon evidence and asserted misconduct of the district attorney during argument to the jury which, he asserts, amount to prejudicial error.

The information included charges of two prior convictions of a felony. After he admitted these convictions and pleaded not guilty, and also not guilty by reason of insanity, a jury found him guilty without including in its verdict any recommendation concerning the punishment to be imposed for the crime. A trial upon the issue of insanity followed and resulted in a verdict by the same jury finding that the appellant was sane at the time the homicide was committed.

The fatal shooting occurred at the place of business of Cotton Products Corporation, where the appellant was previously employed. Rosenberg, who was also known as Nat Ross, was night foreman of the plant. A short time before, Briggs had married a fellow employee. They lived together only two months, when they separated, and she returned to her employment. On the night of the homicide, she was at work in the processing room.

Pour witnesses to the crime testified at the trial. The appellant was seen at the entrance to the building three times during the course of the evening and finally, shortly after ten o’clock, he told one of the employees to call Rosenberg as he wished to see him. Rosenberg left his work and walked towards the door. When he was within about ten feet of it, Briggs reached outside, grasped a rifle, and shot him. Rosenberg fell backwards on the floor. Briggs then strode inside the room and, pointing the gun at him, fired another shot from a distance of about two feet. No word had been spoken by either man.

About thirty minutes later, two policemen arrested Briggs as he stood on a street corner two blocks away. One of them testified that in response to his question, “Well, how do you feel about it now ? ’ ’ the appellant replied: " Sorry I cannot do it again.’’ Later that night, Briggs was questioned by other officers. According to the transcript of his statement at that time, they asked him when he first planned to kill Rosenberg.