People v. O'Connor

SHINN, P. J.

Clement John William O’Connor was charged by information with the murder of Eugene Claudius Mariani and in a court trial he was found guilty of manslaughter. Upon his plea of not guilty by reason of insanity the court found that O’Connor was sane at the time he committed the offense. He appeals from the judgment and sentence.

Mariani was killed July 13, 1956. Upon his arraignment on August 27, 1956, O’Connor pleaded not guilty and on the People’s motion the court entered a further plea of not guilty by reason of insanity; three doctors were appointed to examine appellant; they made report to the court; trial was held October 24, 1956, upon the question of appellant’s present sanity; the court found that O’Connor was presently insane within the meaning of Penal Code, section 1370, suspended the criminal proceedings and ordered him committed to Atas

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cadero State Hospital until his sanity was restored; October 31, 1957, appellant was ordered returned to court; November 18th the court found him to be presently sane and able to cooperate in his defense; trial was set for December 9th; three doctors were appointed to examine appellant; December 9th, the court expressed a doubt as to O’Connor’s present sanity; a jury was empanelled to try the question; December 17th the jury found him presently insane and the court made another order committing appellant to the state hospital until the restoration of his sanity; February 17, 1959, appellant was ordered returned from the hospital; the question of his present sanity was tried to the court; the court found appellant to be presently sane and able to cooperate in his defense; three other doctors were appointed to examine him; the ease was set for trial and tried to the court on May 19, 1959 with the result we have previously mentioned.

There was evidence of the following facts. Appellant shot Mariani with a .22 caliber rifle as the latter was going up the steps leading to the rear door of the apartment occupied by O’Connor and his family in Santa Monica. The killing occurred at about 11 p. m. on July 13, 1956. Mariani, called “Gypsy Gene” and the “Mayor of Muscle Beach,” had known O’Connor for about a year and was in love with Mrs. 0’Con-nor. There was evidence from which the court could have inferred that appellant invited Mariani to his apartment at about 10:30 p. m. to play the ukelele or the accordion; on previous visits to the apartment Mariani had used the rear door. Officer Eekman, who was called to the scene, testified that appellant said “I finally got the son-of-a-bitch and you would have been next”; Eekman had arrested O’Connor three months previously and when taken to the police station appellant had threatened to kill the officer and Mariani. Appellant also told Eekman that “he was glad that he did it. It took him a long time of laying for him, and that he would do it many many times over again.” O’Connor had complained to the city authorities about Mariani’s attentions to his wife and had threatened to harm him. It appears that Mariani wrote letters and poems to Mrs. O’Connor, telephoned her, watched the apartment, followed her down the street and made threats against her husband. This conduct of Mariani was established by evidence other than the testimony of appellant and his extrajudicial admissions.