People v. Burroughs

BURKE, P. J.

Defendant James Burroughs was charged by an information filed by the District Attorney of Los Angeles County accusing him of the crime of rape in violation of section 261, subdivision 4, of the Penal Code, and alleging prior felony convictions of grand theft on April 21, 1952, and assault with a deadly weapon on March 27, 1953. Defendant pleaded not guilty and denied the prior convictions. Defendant, personally, and all counsel waived trial by jury. The cause was submitted on the testimony contained in the transcript of the preliminary hearing with each side reserving the right to offer additional evidence.

At the commencement of the trial the judge directed that the record show that pursuant to the stipulation he had read the transcript of the testimony taken at the preliminary hearing. Additional evidence offered at the trial consisted of the testimony of two witnesses for the People. Defendant testified in his own behalf and the prosecuting witness was recalled and testified in rebuttal. Defendant was found guilty.

A probation report was ordered. Defendant’s motion for a new trial was denied. The prior convictions were found true. Probation was denied and defendant was sentenced to state prison for the term prescribed by law.

Defendant petitioned this court for the appointment of counsel to represent him on the appeal. This court, having made an independent investigation of the record and having determined that it would be neither advantageous to defendant nor helpful to the court to have counsel appointed, denied the application, whereupon defendant prosecutes this appeal in propria persona.

[631]

Defendant and Justin G. Scott visited the home of Jeanette Taylor and her husband on Christmas Eve 1960. Mrs. Taylor was cleaning the house when the two persons arrived. Her husband had left at 7 o’clock that morning. Scott and Matthew Jones, a roomer with the Taylors, left the house, taking two of Mrs. Taylor’s children with them. The third child was left outside of the house. Mrs. Taylor was cleaning her children’s bedroom and defendant was in the living room. Mrs. Taylor testified that defendant went to the back of the house where she was cleaning and kept bothering her. He wanted to mop and to sweep but Mrs. Taylor insisted that she didn’t need any help. The last time he went back he grabbed the broom from her. He stuck his hand in his pocket and told her to undress. He then pulled out an opened knife, brought the knife to her neck and told her to take off her clothes. She refused, so he unbuttoned her blouse and took off her shorts. She testified that during this time he held the knife at her neck telling her not to scream. He also said he would slit her throat. He pushed her down on the bed. She told him her husband had only gone shopping and he would be back any minute; that the front door was unlocked because her little boy was outside and he had better leave her alone; and that the other men who had left were only supposed to go to the corner store and would be right back. Defendant, not dissuaded, commenced an act of sexual intercourse. During this time he still had the knife in his hand. He told her she had better not scream and to stop crying. The doorbell rang while the act of intercourse was in progress. Mrs. Taylor told defendant the doorbell was ringing and he had better leave her alone. He didn’t stop. Mrs. Taylor’s son and one John Brown entered the house and proceeded to the bedroom. When they were in the hallway defendant jumped up and Mrs. Taylor who was still undressed ran into the closet. She testified that when defendant got up he still had the knife in his hand.