People v. Kopp

CHRISTIAN, J.

Appellant Peter L. Kopp was convicted after trial by jury of two felonies: possession of a firearm by a person with a prior felony conviction (Pen. Code, § 12021), and second degree murder (Pen. Code, § 187); the jury found that appellant had previously been convicted of a violation of 18 United States Codes, section 2312 (interstate transport of stolen automobile). Appellant contends that both convictions must be reversed because of erroneous consolidation of the charges against him, erroneous admission of evidence, and erroneous jury instructions. Appellant is correct on the last point, and we therefore reverse as to the murder count.

A love affair developed between appellant and Ingeborg

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Krings, the wife of the homicide victim. In January, March and June of 1967, fistfights between appellant and decedent Klaus Krings took place. Appellant got the worse of each of these altercations.

On the evening of September 5, 1967 appellant broke into the basement below the Krings’ apartment in an attempt to determine whether Mrs. Krings was at home. Klaus went to the basement and another fight ensued. During this fight appellant fatally stabbed Klaus, apparently with a screwdriver.

On motion of the district attorney, the resulting murder information was consolidated for trial with an information charging violation of Penal Code section 12021 in connection with an earlier violent encounter between appellant and Klaus. Appellant did not contend at trial that he had not killed Klaus Krings, but only that it was justifiable homicide. The jury evidently rejected this theory and brought in guilty verdicts on both of the charges against appellant.

Appellant’s only contention with respect to the conviction under section 12021 is that the trial judge erred in granting the prosecution’s motion to consolidate the two charges against appellant for trial. However, counsel for appellant expressly declared that he had no objection to the motion for consolidation at the time it was granted. Failure to object to consolidation constitutes a waiver of the right to a separate trial on the different charges and precludes appellant from urging that such consolidation was error on appeal.