People v. Tagawa

TUTTLE, J. —

This is an appeal taken by the People of the State of California, from an order granting a new trial after conviction of defendant of the crime of second degree murder.

The evidence shows that on December 30, 1927, the deceased, H. Arakawa was in what was known as- the Japanese Social Club, which was located upstairs above the premises known as 308 L Street, Sacramento, California, between the hours of 11:00 and 11:30 P. M.; that at said time and place the defendant Mr. Tagawa was with other Japanese men in said club; that the deceased left the rear of the Japanese Social Club, descended some stairs to the rear yard of said premises, and that immediately thereafter the said defendant followed him with a Japanese known as Kanei or Kan. The evidence shows that after Arakawa had gotten down into the rear yard, two eye-witnesses, G. Tomita and Ben J. Nakada, saw the defendant fire two shots into the deceased, the man Kanei or Kan standing alongside of defendant, and that after the deceased had gone down, the defendant fired two more shots into him, which resulted in his death.

After the shots were fired the defendant and his companion Kan turned back and ran through a chop suey house at 308 L Street, located immediately under the said Japanese Social Club, where he and Mr. Kan were recognized by Mr. K. Matsumota, who conducted the chop suey house at that time.

A clearer case of murder would be hard to find. There were two eye-witnesses to the crime, and they positively identified defendant as the killer. Several other witnesses testified that defendant was at the scene of the crime. It was not, with these witnesses, the matter of a fleeting glance at defendant. These witnesses were in the same room of the Japanese Social Club with defendant, and had been there with him for some time. The murder was committed in typical gangster style. Deceased was seen leaving the rear door of the room, in company with defendant and two of his confederates. They all descended a stairway at the rear of the building. When the ground was reached, defendant proceeded with the execution. To insure success of the undertaking, he fired

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two additional shots into the prostrate body, according to the testimony of two eye-witnesses.

The record shows that while the motion for new trial was based upon all statutory grounds, including the insufficiency of the evidence, the only matter presented to the trial court was newly discovered evidence. No other point was argued or presented by defendant. He stated his position in the following language: “I do not propose to argue any other grounds, so I do not wish that to be taken as a waiver of it. I don’t believe there are other grounds urged; however, I have nothing to present to the court on those other matters.” He then proceeded to present the matter of newly discovered evidence.