People v. Phyle

EDMONDS, J.

Upon a plea of guilty, William J. Phyle was sentenced to be executed for the crime of murder of the first degree, and the judgment is before this court for review in accordance with the requirements of section 1239 of the Penal Code providing for an automatic appeal in every such case.

Phyle was charged with the murder of Elmer E. Prazee. During the trial before a jury, Phyle withdrew his pleas of not guilty and not guilty by reason of insanity and pleaded guilty. The court then took evidence for the purpose of determining the degree of the crime and fixing the punishment to be imposed.

All of the circumstances in connection with the brutal and unprovoked murder of Prazee were freely admitted by Phyle in conversations with officers a few hours after his arrest and in an interview at the San Diego Police Station the next day, which was reduced to writing by a stenographer. He told the officers that he arrived in San Diego on the night of November 22d. He had no money and the next day, he went to a federal housing project with the intention of robbing the safe there. That night he slept in one of the trucks left on the grounds and in the morning made inquiries in regard to the habits of the employees. Prazee was a plumber regularly employed in the maintenance work of the buildings. During the morning he was in and out of the office where the safe was located but Phyle found out that he would leave about 3 o’clock in the afternoon.

The exact time of the crime is not known. Phyle loitered around the project and, during the afternoon, entered the office. According to his account of the homicide, he stepped into the room and pulled out a 38 caliber revolver. He said nothing and neither did Prazee. Phyle “just let him have it,” firing two shots. “I went out” said Phyle “to see if anybody heard the shots ... I ejected the two empty cartridges and put in a new one; that took about four minutes. Then I went back in and he wasn’t dead yet.” Prazee

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“started moving around again. That’s when he gave me the wallet,” Phyle explained. “Of course, I got Mnd of a shock when he wasn’t dead ... I went around in front of him, I think.” The final act in the killing followed. Phyle put the gun against Prazee’s head and shot him. Asked why that shot was fired, Phyle replied: “I lost my head the second time. ’ ’