People v. Fields

BARNARD, P. J.

The defendant was convicted of murder in the first degree, with life imprisonment, and he appeals from the judgment.

It was stipulated that Jack Olds was killed on October 29, 1948, by a rifle shot fired by the appellant. They lived in a mountain community in Kern County, had been friends for some years, and had been drinking together late in the afternoon of that day. They arrived at appellant’s home about 7 o’clock, both showing the effect of liquor but being “friendly and in good spirits.” They left half an hour later, ostensibly

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to take Olds home, and went to Austin’s Café. The appellant became angry at Austin, who refused to serve him a drink, and a scuffle ensued during which Austin’s shift was badly torn. The appellant then made some uncomplimentary remarks about Austin, and Olds insisted that Austin was right. The appellant then struck Olds with his fist, and Olds clinched with him to keep from having trouble. They scuffled and Olds kept telling him to go home to his wife and children. Olds finally had the appellant on the ground and told him he was going to take him home. With the help of a bystander Olds got him in the car and they drove off.

They reached home about 8 o’clock and appellant’s wife and sister-in-law, who will be referred to as the sister, came out and all four then entered the house. Between the front room and the kitchen was a bedroom, in which a rifle stood beside a dresser. The appellant stopped in the bedroom and leaned against or over this dresser. The other three went on into the kitchen, and Olds and the sister were talking as the wife started to prepare some coffee. Appellant’s wife then saw him at the bedroom door holding the rifle at his hip. As she walked toward him two shots were fired, one of which killed Olds. The sister ran out of the house and the appellant started to follow and fired two shots toward her. He then turned around and fired two shots in the direction of his wife. She ran to a neighbor’s home and phoned for help.

The only eyewitnesses were the wife and sister. The sister testified that she and the wife went out when the others returned at 8 o’clock; that “Jack had Dave down”; that “Dave told Jack to let him up, and he let him up”; that she could not remember that anything else was said; that they did not appear to be angry; that Olds assisted the appellant into the house; that he “leaned against the dresser” in the bedroom and she and the others went on into the Mthen; that she and Olds were talking, and “Oh, 5 or 10 minutes” elapsed before anything occurred; that two shots were then fired and Olds fell; that nothing had been said by or to the appellant; that she ran past him and out the front door and on to a neighbor’s; and that he fired two shots toward her as she ran.