People v. Dugger

WASTE, C. J.

In an indictment returned by the grand jury of Los Angeles County containing eleven counts, the defendant was charged with assault with intent to commit robbery, assault by means of force likely to produce great bodily harm (in three separate counts), mayhem, robbery, rape, attempted rape, burglary and kidnaping for the purpose of robbery. A count charging violation of section 288a of the Penal Code was dismissed upon request of the district attorney. To these several counts the defendant entered pleas of not guilty and not guilty by reason of insanity. At the conclusion of the trial upon the general issue, the jury returned verdicts finding defendant guilty as' charged in each count of the indictment and, under the provisions of section 209 of the Penal Code, fixed the penalty at death upon the charge of kidnaping. On the trial of the sanity issue, the jury found that defendant was sane upon the occasion of the commission of each of the several offenses. Though notice of appeal was regularly given, counsel who represented defendant upon the trial has declined to argue the cause orally before this court or to file a brief herein. The cause therefore stands submitted on the transcript of the proceedings had in the court below and a digest of such proceedings filed by the attorney-general.

We have carefully examined the entire record, including the evidence, and have found nothing therein that would warrant this court’s interfering with the judgment of the court below imposing the extreme penalty in conformity with the verdict of the jury. The evidence is ample to sustain defendant’s conviction of the several offenses charged in the indictment. Three women testified upon the trial that they

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were the victims of defendant’s brutal and fiendish assaults. One testified that while walking along the street at night she was set upon by the defendant and beaten about the face and body until she fell to the ground. As a result of this unprovoked attack the witness lost the sight of one eye. The second woman, a clergyman’s wife, testified that after she had given food to the defendant in her home and was about to furnish him with carfare, in response to his request therefor, he snatched her purse from her hands, felled her with a blow to the face and following additional blows upon her body succeeded in having sexual intercourse with her against her will. The defendant previously had done some gardening for the husband of the victim. This attack occurred approximately two hours after the attack on the first woman. As a result thereof the witness lost two teeth and suffered numerous cuts and bruises which necessitated hospitalization for about seventeen days.