People v. Reyes

TURRENTINE, J.,

pro

tem.

Defendant was charged by information with the crime of murder, tried before a jury, found guilty with recommendation of life imprisonment, and judgment was pronounced. This appeal is from the judgment of conviction and from the order denying defendant’s motion for new trial.

It appears from the evidence that the deceased, Antonio Celis, a young Mexican, had been living at North Cucamonga, at the home of defendant’s father for a short time prior to his death, which occurred on December 5, 1932.

[576]

Defendant likewise lived in this village, living a part of the time at his father’s home and a part of the time at the home of a woman by the name of Mary Rodriquez. At about 5 o’clock on the morning of December 5, 1932, the defendant and the deceased went into the pool-hall of Francisco Lopez, remained a few minutes, and bought a package of cigarettes, after which deceased and defendant walked out of the pool-hall together. This is the last time the deceased was seen alive. On the afternoon of December 5th the body of deceased was found in a pepper grove about a mile from the pool-hall, with his head crushed in. At about 7:30 or 8 o’clock on the morning of December 5th defendant was seen walking in the vicinity of and away from the place where the body was found. Between 8 and 8:30 o’clock of the same morning he went to the home of Mary Rodriquez, changed his shoes, and left a shirt, on which was found human blood.

Mary Rodriquez testified that the defendant left her house about 2 o’clock on the morning of December 5, 1932, and returned about 8 or 8 :30 on the same morning. He there changed his shoes, and when she asked him why he changed his shoes he stated that he was going to water the lawn. Investigating officers, on going to the spot where the body was found, located two pair of footprints leading into the pepper grove and one pair leading away, which were followed for a distance and that some of the footprints contained the word “Light”. The officers went to the house of Mary Rodriquez, found a pair of shoes which fit the defendant’s feet and on the rubber heels were the words “Light Wear” in raised letters. These were the same shoes identified by Mary Rodriquez as belonging to defendant.