People v. Aparicio

SHENK, J.

The defendant was charged with the murder of Santana Acosta on April 16, 1951. Since he claimed to be unable to understand English an interpreter was appointed. The defendant pleaded not guilty and not guilty by reason of insanity. He refused to engage an attorney or to have one appointed by the court to represent him. The court directed the public defender to assist him as amicus curiae. He was found guilty of first degree murder without recommendation but the jury was unable to agree as to whether he was sane at the time the crime was committed. A second jury, in proceedings presided over by the same

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trial judge, found that he was sane at that time. A motion for a new trial was denied. The appeal is from a judgment imposing the death penalty and from an order denying the motion for a new trial.

The defendant and the deceased, friends of long standing were alone in the defendant’s house on the afternoon of the homicide. According to the defendant each had had about five drinks of wine when his companion inquired about “papers” which dealt with the defendant’s ownership of certain real property and stated that they were needed by a Mr. Carillo. The defendant then mentioned Mr. Carillo as one engaged in a conspiracy to deprive him of his land and as one who had previously sent spies to the premises and had “used gas” around the house. He testified that after the decedent had made the inquiry about the “papers” the latter swung at him, cutting his hand. The defendant admitted that he then struck the decedent causing him to fall to the floor and that he hit him with a hatchet as he sought to rise. The defendant himself called the police who found the victim still alive but badly beaten and arranged for his transportation to the hospital where he passed away.

"When asked at the trial if he had intended to kill the deceased the defendant simply replied, “I only tried to make my defense. What if he had killed me. ’ ’ Although he denied remembering how many times he struck the victim, he admitted that he knew what he was doing each time he hit him.

On appeal the defendant is represented by counsel. They make numerous contentions. The principal one, for the purposes of the appeal, is that the trial court should have ordered a determination of the sanity of the defendant at the time of the trial as provided by Penal Code, section 1368. That section provides: “If at any time during the pendency of an action and prior to judgment a doubt arises as to the sanity of the defendant, the court must order the question as to his sanity to be determined by the court without a jury, or with a jury, if a trial by jury is demanded. ...”