People v. Jenkins

KINGSLEY, J.

Appellant, Leon Williams, William Clinton Johnson, and other persons were engaged in a drinking party at a residence occupied by appellant and Margaret Nixon. A quarrel developed, in the course of which apparently all persons present participated in some degree. As a result, Williams was killed and Johnson stabbed. Appellant was charged with the murder of Williams and with assault with a deadly weapon (Pen. Code, § 245) on Johnson. After a jury trial, he was convicted of manslaughter in connection with Williams’ death and of assault with a deadly weapon on Johnson. A motion for a new trial was denied; probation was denied; and appellant was sentenced to state prison, the sentences on the two counts to run concurrently.

He has appealed. We appointed counsel for appellant and also permitted the filing of a brief prepared by appellant himself.

[325]

I

After the affray, appellant ran away but was persuaded by a friend and by appellant’s father to give himself up. As a result, and in the early hours of the morning after the affray, he surrendered at a police station. He made a statement to the police which was received in evidence against him. The statement then made varied, in important particulars, from the account which appellant gave when he testified at the trial, and the story given to the police was, in these respects, less favorable to his claim of self-defense. It is not contended that the statement made to the police was other than voluntary, as that term is used and understood with reference to the admissibility of confessions. However, there is no suggestion that he was ever advised that he need not give a statement, or that he was entitled to consult counsel before making a statement, or that the statement might be used against him at the trial. Under these circumstances, we are faced with the problem of whether or not the statement given to the police was inadmissible under the rule announced in

People

v.

Dorado

(1965) 62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361]. If it falls within the exclusionary rule set forth in that case, the judgment, being based in part on an inadmissible confession or admission, must be reversed.