People v. Madsen

NOURSE, J.

The defendants were tried together on an indictment charging them, jointly with others, of the crime of murder. These two defendants were found guilty of manslaughter and have both appealed from the judgment following the verdict and from the order denying their motions for a new trial. The appeal is presented on a typewritten record.

The assault which resulted in the death of one Campbell occurred on October 21, 1926, at a place in Eureka Street, between twenty-second and twenty-third Streets, in the city and county of San Francisco. The deceased and his associate, Coyle, who were “American Plan’’ carpenters, were attacked while at work some time between 1:30 and 2 o ’clock P. M. by a gang of men claimed to have been in the service of the carpenters’ unions which were then on strike. The two appellants were admittedly union carpenters. The stories of the eye-witnesses differed as to the number of men engaged in the

mélée

and the manner in which the assault was actually committed, but it seems to be agreed that these men drove to the place in two automobiles, and, in groups of two, attacked their victims with heavy clubs, or similar weapons, and then ran to their automobiles and were driven out of sight. The appellants were arrested a few days later and both made complete confessions of their participation in the crime when interrogated by police officers, and also when appearing before the grand jury.

[714]

On this appeal they argue that the state failed to identify them as participants in the crime. The testimony of the eye-witnesses was not convincing due, no doubt, to the suddenness with which the assault was committed and the number of men involved, and due also to the reluctance of these witnesses to testify. The

“corpus delicti”

having been shown by competent testimony, the confessions of the appellants supplied the gap in the evidence as to their identification. It is not necessary that the identification of a defendant be made positively by any number of witnesses. This issue is one for the jury to determine upon all the evidence in the case (8 Cor. Jur., p. 169). The record discloses that the jury made no mistake here.