People v. Carter

DORAN, J.

Appellant was convicted of contributing to the delinquency of Prances Isabelle Walker, an unmarried minor under the age of twenty-one years. Miss Walker had been shot and killed on April 13, 1935, by the wife of appellant. The autopsy surgeon testified that the

post mortem

examination revealed that she was pregnant and had become so two or three weeks before her death. The information alleged the offense to have been committed on or about April 11, 1935.

Appellant presents five claims of error for consideration, namely, 1. That proof of the

corpus delicti

was not sufficient; 2. That therefore, the declarations and admissions of defendant were inadmissible; 3. That the testimony of defendant given at the trial of his wife was not free and voluntary and hence inadmissible; 4. That the trial judge was influenced by his belief that appellant’s acts and conduct led to the killing, by his wife, of the minor Miss Walker, and 5. That the evidence was insufficient to prove the

locus delicti.

It was clearly evident, from the testimony of the autopsy surgeon, that someone had contributed to the delinquency of Miss Walker, which alone was sufficient to establish the

.corpus delicti;

the connection of the defendant with the crime is no part of the

corpus delicti.

The rule that, the

corpus delicti

being established, the incriminatory statements of defendant are admissible, is too well known to require the citation of authorities.

The defendant’s testimony, given at the trial of his wife, was properly admitted.

(People

v.

Mitchell,

94 Cal. 550 [29 Pac. 1106].)

Appellant’s brief merely notes, without comment, that the trial judge was influenced by his belief that the acts of defendant led to the killing of Miss Walker. Such a bare