People v. Carter

Opinion

COMPTON, J.

Defendant was convicted of murder in the first degree (Pen. Code, § 187) following trial by jury. He appeals from the judgment and contends that the trial court improperly admitted into evidence certain admissions made by him to his probation officer and to his wife.

The Facts

Defendant and his wife, Bobbie Jean Carter, formerly lived in an. apartment on West 60th Street in Los Angeles. The victim, Mrs. Inez Walker, and her daughter, Gilda, lived across the hall. Defendant’s wife left him in March 1971, to move to Chicago. Thereafter defendant’s wife and Gilda corresponded.

At the time of the offense charged here defendant was on probation from a conviction for receiving stolen property. He obtained permission to travel to Conway, Arkansas, to visit a relative. Without approval of probation authorities he went to Chicago to see his wife.

Defendant stayed with his wife two or three days. While she was at work he found a letter from Gilda. He became angered about its contents and telephoned his wife to come home, telling her the baby was sick. When the wife arrived defendant tore off her clothes, cut her about the face, neck and breast, and threatened to kill her and sexually mutilate her. In the course of this assault defendant demanded to know who had aided his wife in getting to Chicago. She answered that it was Gilda and Mrs. Walker, whereupon defendant stated “I’m going to kill them all.”

On August 13, 11 days later, defendant went to the victim’s apartment in Los Angeles and when she answered the door defendant shot her

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once in the forehead and once in the abdomen with a .22 revolver. She died at the scene.

Subsequently, defendant on two separate occasions talked to Ella Louise Lewis, a community worker for the Los Angeles County Probation Department. He related to her the details of the incident in Chicago and told Mrs. Lewis that he had gone to the victim’s home intending to kill anyone in the apartment.

Defendant was arrested some months later in Texas and his gun was recovered there. A test showed that a bullet taken from the victim’s body matched that weapon.