People v. Watkins

GRIFFIN, P. J.

Defendant-appellant was charged with the murder of one Delois Ross, in violation of section 187, Penal Code. A jury verdict resulted in a conviction of the crime of murder, second degree.

Defendant claims on this appeal: (1) that the record does not support such conviction and argues that the crime delineated by the record shows, as a matter of law, the crime of manslaughter was committed and asks this court to remit the case to the lower court with instructions to reduce the crime to that of involuntary manslaughter; (2) that it was error for the trial court to refuse defendant’s proffered instruction in the language of section 417, Penal Code, because the killing was shown to be without malice and done in the heat of passion upon a sudden quarrel and the use of the gun could have been, under said section, a misdemeanor.

A résumé of the facts indicates that Delois Ross was found lying in the front doorway of her home by a juvenile

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officer. She was bleeding and moaning. She told the officer that the defendant had shot her because of a quarrel, and that he had run in an easterly direction. The officer put a call on the radio giving the description of the defendant as given to him by Mrs. Ross and detectives arrived about 2:30 p.m. Defendant was sighted running toward a stopped bus and apprehended. He told the officer, “I am the man you are looking for; I did it.”

Mrs. Ross was conscious at 2 :30 p.m. but died within the next 45 minutes. An autopsy disclosed that she had been shot seven times with a .22 caliber pistol. Two shots had passed completely through her body; one shot had passed through her left forearm and one shot had creased the top of her head. In the opinion of an expert in chemistry and ballistics, at least five of the seven shots were fired approximately 12 inches from the decedent, two striking the decedent through the front of her sweater and three striking her through her skirt and sweater from the back. Defendant told an officer that he had left Palm Springs about 11 a.m. that day; that he went to Mrs. Ross’ residence and walked in; that there was an argument; that the defendant told the decedent that he didn’t want her to leave for Los Angeles, as she had previously arranged, and that the defendant obtained his pistol from a bedroom and shot Mrs. Ross, who was then in the kitchen.