People v. Walker

California Court of Appeal Jul 21, 1949 No. Crim. 2098Published

Before: Conspiracy to Defraud: Perjury: Falsification of Public Records

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Holding. The court held that the defendant's appeal from the judgment must be dismissed because no judgment was rendered, and affirmed the order denying the motion for a new trial, finding no abuse of discretion, no deprivation of counsel, and no merit in the defendant's claims of instructional or procedural error.

Issues

Whether the appeal from the 'judgment' is proper when judgment and sentence were suspended.
Whether the trial court abused its discretion in denying the motion for a new trial.
Whether the defendant was deprived of his right to counsel.
Whether the trial court erred in instructing the jury that the circular was libel per se.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Under these circumstances the purported appeal from the “judgment” must be dismissed”

“Under such circumstances it cannot be said that the defendant was deprived of counsel, but that by his conduct he waived his right thereto.”

THE COURT.

Defendant C. R. Walker was indicted by the grand jury of Sonoma County on two counts of violation of section 249 of the Penal Code. Count one alleged that on November 1, 1947, the defendant wilfully, unlawfully and maliciously and with intent thereby to injure the persons therein named and expose them to public hatred, contempt and ridicule, published and circulated the following circular:

“TO THE CITIZEN VOTERS AND HONEST PEOPLE OF SONOMA CO., CALIF. GREETINGS:

ON NOV. 4, 1947, YOU WILL BE CALLED UPON TO SELECT A PERSON TO REPLACE THE LATE SENATOR SLATER. THIS, YOU SURELY KNOW IS A POST OF HIGH TRUST AND RESPONSIBILITY AND SHOULD BE FILLED BY A PERSON OF UNQUESTIONABLE RELIABILITY, I DECLINE TO SUPPORT OR AID C. J. TAUZER TO SECURE HIS ELECTION TO THIS OR ANY OTHER POST OF TRUST OR CONFIDENCE, FOR, REASONS, TO WIT:—

1—I AGAIN OPENLY ACCUSE C. J. TAUZER OF CRIMINAL

[56]

CONSPIRACY TO DEFRAUD: PERJURY: FALSIFICATION OF PUBLIC RECORDS, ETC.

2—C. J. TAUZER HAS BEEN ARRESTED ACCORDING TO LAW, BUT

TO HIS TRICKERY AND ASSISTANCE OF CERTAIN OFFICIALS, HE HAS AVOIDED PROSECUTION AND IS NOW A PRACTICAL FUGITIVE FROM JUSTICE. TO AVOID ERROR, I NAME:—JUDGE FULWIDER, JUDGE COMSTOCK, JUDGE GEARY, THE DISTRICT ATTORNEY’S OFFICE, SHERIFF PATTESON, CHIEF FLOHR OF SANTA ROSA, AS A GROUP DIRECTLY CONCERNED IN THE C. J. TAUZER CASE, AND FURTHER OPERATE IN SUCH A MANNER, TOGETHER WITH THE COUNTY PROBATION OFFICER, AS TO FURNISH PRACTICAL IF NOT ACTUAL PROTECTION TO CRIMINAL LAW VIOLATORS.

I WELCOME HONEST, OPEN, GRAND JURY INVESTIGATION.

PLEASE VOTE AGAINST C. J. TAUZER.

C. R. WALKER”

Count two accused the defendant of violating section 249 of the Penal Code by the wilful and malicious publication and circulation of the foregoing circular oh November 6, 1947, with the intent of thereby injuring the persons named therein and exposing them to public hatred and ridicule.

People v. Walker

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THE COURT.

I WELCOME HONEST, OPEN, GRAND JURY INVESTIGATION.

PLEASE VOTE AGAINST C. J. TAUZER.

C. R. WALKER”

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