People v. Dunn

MARKS, J.

By an indictment returned by the grand jury of Tulare County the defendants, and Lillian Monroe, were charged with the crime of riot. They were accused of committing the offense in that they did, “acting together, threaten to use force and violence upon the food depot of the County of Tulare, located in the town of Pixley in said County, and upon the persons in authority therein, the threat to use such force and violence being accompanied by the immedate power of execution, and being without the authority of law”. The case against Lillian Monroe was dismissed during the trial. The other defendants were found guilty by the jury and judgment was pronounced upon them by the trial court.

As grounds for a reversal of the judgment it is urged: (1) That the verdict and judgment are not supported by and are contrary to the evidence; (2) errors of law occurring during the trial in ruling on objections to the introduction of evidence; (3) misconduct of the trial judge; (4) misconduct of the district attorney; (5) errors in giving, and refusing to give, instructions to the jury.

We have studied the entire record and believe it unnecessary to detail any considerable portion of the extensive evidence. That portion supporting the verdict and judgment may be summarized as follows: A supply depot was maintained in the town of Pixley in. Tulare County where food was distributed to those on the county relief rolls on each Thursday. On March 22, 1934, the depot was

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opened at about 9 o’clock in the morning by Jap Ellege and several assistants. 'There were several peace officers present. Applicants for food, numbering between 75 and 150, were also present. To save time and congestion, the county authorities had decided to give food to each applicant once every two weeks instead of once each week. The three defendants, and others, were told by Ellege to return on the next Thursday for food, as the rule applied to them. The defendants cursed Ellege and his assistants; said they were going to have food if they stayed all day to get 'it; they would smash the place down and get it; would chop it down; would burn it; that they ought to rush the depot; that they would dynamite it; that they would take the food. These identical threats were not all made by all the defendants, but each defendant made some of them, and generally in the presence and hearing of the others. Threats of personal violence were made against Ellege. The three defendants circulated through the groups of indigents outside of the depot, talking to them, and late in the afternoon they (the defendants), with about 30 or 40 others, gathered outside the closed door of the depot and engaged in shouting, cursing and threatening those inside. Jap Ellege said of this occurrence: “There was a terrible noise outside. To be frank, it put you in mind of an Indian wahoo dance. As I say, it was a terrible noise.” Ellege and his assistants, escorted by officers, left the depot by a small door on the opposite side from the crowd. Another officer locked the main door to the depot from the outside. No one was injured except-Mrs. Dunn, who had her foot smashed as she attempted to force her way through this main door.