People v. Carter

PEEK, J.

The defendant appeals from a judgment entered upon the jury’s verdict finding him guilty of a violation of section 4501 of the Penal Code. Upon defend

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ant’s request, Attorney Max H. Hoseit was appointed by this court to represent him on appeal. Mr. Hoseit has now reported to the court that the record discloses substantial evidence to support the verdict of the jury and that he finds no error therein. The defendant, however, not being satisfied with the advice of counsel, has filed with the court a document which he denominates his brief on appeal. By reason of the circumstances, this court has made an independent study of the record. It is our conclusion that there is no merit in defendant’s contentions which are essentially that the evidence is insufficient to support the verdict; that the court erred in the admission of certain exhibits into evidence; that he was denied a speedy trial; that the district attorney committed prejudicial misconduct in his argument to the jury; and that his constitutional rights were violated in that no Negroes were impaneled on the jury. Other contentions are made, but since none of the matters concerning which defendant complains appear in the record before us, they cannot be considered on appeal.

On September 13, 1955, one Thompson, an inmate of Folsom State Prison, was working at his job in the mattress room. His duties included taking linens from the laundry and transporting them back to the mattress room where they would be segregated for distribution to various parts of the prison. At about 9 a. m. on that date, as Thompson was returning to the mattress room from the laundry along the corridor separating that room from the education building, he was attacked by three inmates, Clifford Jefferson, Willie Williams and the defendant. Jefferson and the defendant had crude lmives. Thompson was stabbed numerous times about the arms, chest, back and the left hand. Officer Burl-son, upon observing the fight, ran towards the men and as he did so Carter and Jefferson ran past him into the education building and up to a small balcony. Burlson followed them and found Carter sitting at one of the desks in a classroom opening off of the balcony. Jefferson was found in a nearby typing room. Thereafter a search was made of the education building, and a knife was found in the room where Carter was apprehended by Burlson. There was a moist, red substance on the handle of the knife. A second knife was found under a water cooler in the same building, and its handle was likewise smeared with a red substance. Defendant testified in his own behalf and denied having made any assault upon Thompson. He admitted being in the corridor where