People v. Harrison

SCHAUER, J.

This is an appeal from a judgment of conviction of first degree murder. Trial by jury was waived, defendant introduced no evidence, and there was no motion for new trial. The prosecution evidence shows without dispute that defendant murdered Mrs. Theda Campbell in an attempt to perpetrate robbery. Defendant’s contentions are (1) that the trial court erroneously admitted in evidence a confession which was not shown to have been voluntary; (2) that the death penalty is excessively harsh and the judgment should be modified by this court in the exercise of the power to “reduce . . . the punishment imposed” (Pen. Code. § 1260). We have concluded that neither contention has merit.

On August 10, 1952, one Karl Berg hired defendant to work in Berg’s salvage yard in Indio. Defendant worked there until the afternoon of August 31. On that afternoon he “did a few chores” for Mrs. Campbell. At about 7 p.m. defendant returned to the salvage yard and asked to borrow some money. Berg observed that defendant had been drinking. He refused to loan defendant money, but paid him one dollar which he owed him. Thereafter defendant went to Mrs. Campbell’s house and asked her for money. She refused the request. Defendant produced a knife and inflicted two fatal lacerations on the neck, two deep lacerations on the chest, and numerous superficial lacerations; also, Mrs. Campbell’s ribs were broken. Defendant ransacked Mrs. Campbell’s house but found nothing of value. (One of the officers who thereafter searched the house testified that he found her purse, containing money, but that the house was such a “welter of confusion” that he did not discover the purse on his first examination of the premises.)

Defendant fled to Arizona, where he was found by the California police on September 12, 1952. He struggled with the officers who attempted to arrest him and escaped from

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custody. They found him the next morning lying in a field; he had slashed his throat and both his wrists. The officers took him to the hospital. In the ambulance defendant, who could barely speak, admitted that he had done some work for Mrs. Campbell and stated that he cut his throat because “he wanted to die for he knew what he was going back for.”

The next morning, September 14, the officers questioned defendant in the Arizona hospital. The evidence is undisputed that he made a statement without duress or offer of immunity or reward; that his mental condition appeared to the officers to be good and that he answered questions intelligently; and that he was questioned only with permission of the hospital attendants. The resulting confession was admitted in evidence over objection of defense counsel that it had not been shown that at the time defendant was not under the influence of drugs and was in a mental and physical condition to make a rational and coherent statement.