People v. Sturgess

VAN DYKE, P. J.

On May 28, 1959, in Yolo County, California, a jury found appellant guilty of murder in the first degree. On the following day on stipulation that the question of penalty should be submitted to the same jury on the evidence introduced at the trial on the question of guilt the jury fixed the penalty at life imprisonment. On June 2d following, the trial of appellant’s plea of not guilty by reason of insanity was tried to the same jury, which found him sane. Motion for new trial was denied and judgment was entered. Thereupon appellant filed with the clerk of the superior court a notice that he thereby appealed his “case.” We construe this notice as an appeal both from the judgment and from the order denying appellant’s motion for a new trial.

On Friday, February 27, 1959, between 6 and 7 o’clock a.m., James Koeber was working with his chickens. Assisting him was Dr. Freeman and LeRoy Horner who, with his family, was living in a trailer about 50 yards south of Koeber’s home. The three were engaged in treating Koeber’s chickens. After leaving their work the two men left. About 9 p.m. on the next day Koeber’s body was found on the floor of his chicken house. He had died from a gunshot wound in the chest. The entrance door to the chicken house was latched. No weapon was found near the body. There was a powder burn on the victim’s jacket. Sunday morning, March 1st, appellant visited Horner’s trailer and talked with Horner to whom he said he had come to take away a small trailer near Koeber’s house which belonged to appellant. Appellant told Horner he had a lease on Koeber’s land which had become effective January 1st preceding, but that he had allowed Koeber to remain on the ranch until that morning. Appellant then went to Koeber’s house where he conversed with a deputy sheriff who was investigating the homicide. He told the deputy that Koeber and he were friends of long standing and that he, appellant, had a lease of the property which had been drawn by an attorney in Sacramento on the 1st or 2d of January and under which he was to take possession on the 1st of March. He said he had paid Koeber $350, $240 of which was to cover the rental on the three acres where the house was situated, and that the balance had been for a cow which he had purchased from Koeber. The officer told appellant he wanted to see the

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lease and that he would visit appellant’s home for that pur- . pose. On the same day appellant visited one Gray, taking with him a bottle of wine from which he poured a glass for each. He appeared to be restless and stated that he was. After the drink, he said that there was trouble over Koeber’s place; that he had been over there and the place was full of cops and . deputies; that someone had shot Koeber and that they had found him in the chicken house where he was shot, but that .appellant didn't know whether he had been shot some place else and dragged there or whether he was shot there, but he added that it looked to him as if he would be able to get the Koeber place as he had “everything in black and white,” and that he had a lease on the property. Earlier appellant had visited Gray and told him that he wanted to lease Koeber’s ranch. This visit occurred sometime between the 1st of January and the time of the homicide. On another visit prior to the homicide he told Gray that he wanted him to come into appellant’s house so he could show Gray something. He then showed Gray a typewritten document, a will, and said Koeber was going to leave some money to Koeber’s daughter and her children and then the rest would go to appellant. Appellant referred to Koeber as quite an aged, feeble man, saying it didn’t look like Koeber would live very long. He asked Gray if he would write out a will in his handwriting the same as that • will was worded which he, the appellant, said he had made out and that he had a card with Koeber’s name on it from which Koeber’s signature could be traced. Gray told appellant that such actions would be wrong. Appellant told Gray that if he would do as suggested he would give him $500 when he got the property. On January 13, 1959, appellant contacted an attorney and requested him to draw a deed of gift - from Koeber to appellant. He gave the attorney appellant’s proper name and a part of the legal description of Koeber’s property. From that information and additional information , the attorney obtained, a deed of gift was drawn which appellant took away. This deed was found in appellant’s bedroom after Koeber was killed. It purported to convey Koeber’s land to appellant and his wife, reserving a life estate in Koeber. The deed was signed, but the signature of Koeber was shown to have been forged thereon by appellant. On February 3d appellant requested the same attorney to prepare a lease from Koeber to him of Koeber’s land and this was done. Appellant signed the lease and the signature was acknowledged in the attorney’s office. Appellant took the