People v. Carnavacci

FOX, J.

Defendant was convicted of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245.) He appeals from the ensuing judgment.

Defendant and the victim, William R. Kallian, were partners in the auto parking business in Los Angeles. This offense occurred at about 8 p.m. on August 6, 1952, in a parking lot near Mr. Kallian’s residence. He had just parked his car and was about two or three car lengths away when he first saw the defendant secreted between two automobiles in a crouching position. The defendant stated, “I’ve got you now, and I’m going to kill you.” Whereupon the victim started to walk rapidly away. Defendant, however, “jumped’.’ him from behind, struck him on the back of the head; jerked him around, pummeled him with a series of blows to the face and head, causing him to fall backward against a light pole and to the pavement. He rolled partially under an automobile during which time defendant kicked him “several times” in the back and in the stomach. Kallian crawled further under the car in an attempt to escape the defendant’s kicking. His legs, however, protruding, defendant “jumped on them with his feet” and “forced them up against the bumper of the automobile.” Defendant tore off some of the victim’s clothes in an unsuccessful effort to pull him out from under the car. Because of the inaccessibility of his victim, defendant released the brake on the automobile and let it roll so that Mr. Kallian was again exposed. He attempted to escape but only went 20 to 30 feet, when defendant hit him “up against a building.” When defendant pursued the attack, the victim lost his balance and fell. He “was half draped over an iron railing” when defendant kicked him in the face. Mr. Kallian finally locked his arms around defendant, and in their struggle they fell to the blacktop. Having lost his hold on defendant the victim tried to escape. Defendant, however, grabbed him, struck several blows to the stomach and then knocked him out by a “very hard” blow to the temple.

The victim was taken to the Receiving Hospital where two double stitches were taken on a cut above his right eye. He also received contusions above his left eye and on his forehead.

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His hands were bruised and his knees and ankle were swollen. He had bumps on the back of his head, and black and blue marks on both his chest and back. His skin was broken in 39 different places. A hernia condition was greatly aggravated, and he had difficulty in urinating for 36 hours. He was hospitalized for nine days.