People v. Decaillet

SPENCE, J.

This is an automatic appeal from a judgment imposing the death penalty. (Pen. Code, § 1239.)

Defendant was accused of the murder of a 13-year-old girl, Phoebe Ann Bair, on June 11, 1953, in the town of Madison, Yolo County. Upon arraignment on June 22d, defendant stated that the public defender had represented him at the preliminary hearing but that he did not desire the

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further services of counsel. The court, however, informed defendant of his rights and appointed the public defender to act as his counsel. Defendant refused to consult with his appointed counsel and submitted a plea of guilty. The public defender then moved to enter a plea of not guilty by reason of insanity, which the court entered upon refusing to accept defendant’s guilty plea. The court thereupon named three alienists to examine defendant.

At a further hearing on July 1st, the public defender was appointed defendant’s counsel at defendant’s request and the court again informed defendant of his rights. Defendant’s plea of guilty was thereafter accepted on that day. Being in doubt at that time as to defendant’s sanity, the court ordered a hearing thereon on July 7th. Defendant refused a jury for such hearing and requested that the court determine the matter. On July 7th the three alienists testified and submitted their report, all agreeing as to the sanity of defendant both at the time of the murder and at the time of the entry of the guilty plea on July 1st. In accordance therewith, the court found defendant sane and referred the matter to the probation officer for pre-sentence investigation, fixing July 23d for the determination of the degree and the passing of sentence. At the July 23d hearing, several witnesses testified for the prosecution, various photographs of the interior and exterior of the Bair home were admitted in evidence, as also was defendant’s voluntary statement of his guilt as previously given to the district attorney. Defendant offered no testimony in his own behalf. The court then fixed the crime as murder in the first degree, and imposed the death sentence.

Defendant, a farm laborer, was 51 years old at the time of the murder. He had an elementary school education. He had recently adopted the Pentecostal religion. At 23 he had married a girl 14, and there were five children born of the union. His wife and four children are living. Defendant and his wife were estranged about five years, and some three months before defendant committed the murder the family, at defendant’s request, had moved to other quarters.