People v. Stockton

CONREY, P. J.

Defendant was convicted of the crime of murder in the first degree and sentenced to imprisonment for life. He appeals from the judgment and from an order denying his motion for a new trial.

The defendant having had a quarrel with one Brown, purchased a revolver and went out to look for Brown, whom he found in a saloon in the city of Bakersfield. One Leland Mull was standing at the bar next to Brown. The defendant fired in their direction, intending to hit Brown, but instead thereof hit and killed Mull.

It is urged by defendant’s counsel in support of the appeal that the evidence in this case was not sufficient to warrant a conviction because (1) the defendant shot twice, while there is evidence that at least four shots were fired; (2) when he was shot the deceased fell in the direction opposite to that in which he would have fallen had the defendant fired the fatal shot. There is evidence from which the jury might have believed that at the time of the killing four shots were fired, but there is no testimony that at that time and place any shooting was done by any person other than the defendant. The evi

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dence clearly and convincingly tends to show that Mull was killed by the first shot. .The evidence does not conclusively show that the deceased fell in a direction opposite to that in which he would have fallen 'had the defendant fired the fatal shot. A reading of the entire testimony convinces us that the evidence is amply sufficient to warrant the conviction.

The next point urged is that the court erred in admitting over defendant’s objection a purported confession made by the defendant; also that the purported confession contained statements of facts not in the nature of a confession of guilt, and that the defendant was compelled to be a witness against himself. The so-called confession consisted of questions propounded by the district attorney and answers made by the defendant. James Price, a court reporter, was present and took down the statements in shorthand and afterward transcribed his notes. At the trial he testified to these facts and identified the document, stating that it was a correct transcript of the statement as made by the defendant, but did not directly testify to the contents thereof. It was then read to the jury by the district attorney. It is unnecessary to discuss the legal propositions presented by counsel, or the authorities in support thereof, under which he claims that this evidence was wrongfully received. The defendant voluntarily became a witness in his own behalf, and as such witness testified that he had heard his confession read to the court, and that the facts were therein truly stated. Assuming without deciding that there was error in the court’s original ruling upon the objections, it is, as to any claim of prejudicial error, fully cured by this testimony of the defendant. We fail to find anything in the record to support the claim that defendant was compelled to testify against himself.