People v. Richardson

DRAPER, J.

A jury found defendants guilty of murder in the first degree, and fixed the penalty at life imprisonment. Defendants separately appeal from the judgment.

The prosecution introduced a statement by defendant Mason in which he said that: He and defendant Richardson were in a bar in Salinas the night of decedent’s death. Richardson said he knew where they could get some money. They went to the home of Shapiro, the decedent, and knocked at the door. When they received no answer, they entered the house through a window, took some money which they found in a front room, and then saw Shapiro lying on a bed in the bedroom. They entered that room. As Mason was taking some money from a dresser drawer, he heard a noise, turned and saw Richardson striking Shapiro with a metal bar. They took a pistol, some jewelry, a pair of binoculars and an electric shaver, and returned on foot to the neighborhood of the bar

[622]

from which they had started out. There they took a taxi to Mason’s home and divided part of the loot. Later, Richardson returned to Mason’s house and was given the binoculars and electric shaver to sell.

The statement was admitted as against Mason only. However, when Mason was called as a witness on his own behalf, he testified that the statement was true except as to one item not relevant here. He testified in detail as to his actions on the night of Shapiro’s death. This testimony matched the statement, except that Mason testified that he had not seen Richardson strike decedent with the bar but heard a “thud” and turned to see Richardson standing over decedent with a metal bar in his hand.

The prosecution introduced evidence of others to establish that Richardson had gone to a point outside decedent’s home with Mason on the night in question and had, with Mason, taken a taxi at a later hour from near the bar to Mason’s home. Also there was testimony establishing that Richardson had handed decedent's binoculars and electric shaver to another who pawned them for him. One Johnson testified that on the morning after the crime Richardson said that he and Mason “went and got old man Shapiro last night.” A policeman testified that when this statement was quoted to Richardson, without mention of the informant’s name, Richardson said; “That damned Jerry Johnson told you that.”