People v. Griggs

EDMONDS, J.

The appellant, charged with murder, pleaded guilty but later moved the court for leave to withdraw that plea. This motion was denied and he was sentenced to death. The sole ground upon which he relies for a reversal of the judgment is that, under the particular circumstances shown, it was an abuse of discretion for the trial judge to deny his motion.

The ease is an unusual one. When the appellant was arrested he had the body of Gladys Long in his automobile. At that time she had been dead about ten days. He freely told the police officers that he had killed her and related the circumstances of the crime. Upon arraignment, he entered the pleas of not guilty and not guilty by reason of insanity. Later, upon the advice of his counsel, who had discussed the case with the District Attorney, by leave of court he withdrew those pleas and pleaded guilty to murder in the first degree. The appellant contends that this action was taken upon the assurance of the District Attorney that if he did so, a sentence of life imprisonment would be imposed; that there was no denial of the statements made by his counsel in open court; that the law seeks no unfair advantage over one charged with crime; and that, in the interests of justice, the court should have allowed him to withdraw a plea of guilty which was influenced by both hope and fear.

Upon the issue as to the sentence which should be imposed, the District Attorney presented the facts pertaining to the commission of the crime as the appellant had given them to the officers. According to the appellant’s statement, the crime occurred when he and Gladys Long, who had been living with him for some time, went on a trip and spent several days at a camp ground. One morning they arose early and began drinking. He stumbled against their tent and kicked some dirt into a frying pan. This angered the woman. He backed away trying to pacify her when she picked up a couple of rocks about as large as a fist and threw them at him. He then picked up a rough surfaced rock weighing about seven or eight pounds and threw it at her. He declares that as he threw it she was looking at him, but she turned her back to dodge and the rock struck her in

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the back of the head, causing injuries which resulted in her death within a very few minutes. He then wrapped the body in the bed covering, put it in the rear compartment of his automobile, and drove back to Los Angeles. After his arrival there he continued his drinking and remained in an intoxicated condition until the odor from the body led to his arrest.