People v. Sigal

GARGANO, J.

For the third time Barry Miles Sigal was convicted, after jury trial, of murder in the second degree. He appeals from the judgment.

The facts are substantially as follows. The decedent Mrs. Wilma McAfee, a 67-year-old woman, was found dead by her daughter on January 12, 1962, around 7 p.m. She had been dead between fifteen to twenty-eight hours, placing the time of death between 9 :30 p.m. on January 11, 1962, and 4 a.m. on January 12, 1962. At the time of her death the decedent was the manager of an apartment house in Sacramento containing 20 units, and the body was discovered in the apartment in which she resided. The apartment’s doors and windows were locked, and apparently none of the entrances had been tampered with. In fact, the daughter had gained access to the apartment by a pass key which was customarily kept hidden in the basement or garage. The victim’s body was found in the bedroom, partially covered by a bedspread, face up and fully clothed. The apartment gave no appearance of a struggle having occurred, and the victim’s clothing was not torn. She was wearing a wrist watch, and an envelope containing $30 was found on the floor. A valuable diamond ring, together with some jewelry, was also found in the top dresser drawer. However, a master key which Mrs. McAfee kept on a long chain was missing; the chain was found near her body. The keys to her automobile were also missing, and the automobile had disappeared. There was a neckerchief or scarf around the victim’s neck and the cause of death was diagnosed as asphyxiation due to strangulation. The victim had been struck forcefully twice in the head, and these blows had been inflicted prior to her death.

The evidence upon which the defendant was convicted was entirely circumstantial. In the late afternoon of January 11, 1962, the decedent and defendant were seen talking in a friendly manner in the doorway of defendant’s apartment. Sometime on the same day between the hours of 3 p.m. and shortly before midnight a .45 caliber pistol, a clip and a box of .45 caliber ammunition were stolen from the apartment of another tenant, Mr. David Snyder. Entry to this apartment had not been forced; rather, admittance had apparently been gained by use of a key. Defendant had previously visited the

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Snyder apartment when Mr. Snyder was there, and they had discussed guns in general and the .45 caliber pistol in particular. On January 12, 1962, the defendant’s apartment was searched. A hall light in the apartment was on and there were dirty dishes in the sink. Approximately a pound of beef was on the drainboard, and there were other packages of meat in the refrigerator. The bed was unmade and there were clothes and shoes in the closet. The defendant was next seen in Jacksonville, Illinois by a service station attendant in an automobile later identified as the automobile which belonged to the decedent, Mrs. McAfee. At that time the defendant stated that he was delivering the ear to a friend in Springfield, Illinois. While there he had a candy bar and took some No-Doz tablets. The McAfee automobile was found on January 20, 1962, parked in a supermarket parking lot in Springfield, Illinois, covered with snow. The last snow in this area had occurred four or five days earlier. When found, the vehicle was locked, and according to the opinion of an experienced police captain it had not been “hot wired,’’—i.e., whoever drove it used a key. Defendant’s fingerprints were found on the ear’s rear view mirror, and on a box of No-Doz discovered on the car seat. The defendant was arrested on February 18, 1962, in Seattle, Washington in a hotel where he was registered in his own name. A search of the hotel room revealed a .45 caliber pistol loaded with a clip of seven rounds, and a box of ammunition. The gun was identified as the one belonging to David Snyder.