People v. Connors

SCOVEL, J.,

pro

tem.

The information in this matter charged the defendant with the crime of murder, alleging that on the twenty-third day of November, 1931, the defendant killed one Betty Stryker. The defendant, at the time of the arraignment, pleaded guilty. At the time for pronouncement of judgment certain evidence consisting almost wholly of a statement by the defendant was introduced to determine the degree of the crime. The court found the crime to be that of murder in the first degree and the defendant was sentenced to life imprisonment. Prom this judgment and sentence the defendant appeals on the ground that the evidence is insufficient to show the crime to have been that of murder in the first degree. We are in accord with defendant’s contention.

Prom defendant’s statement given at the time of the pronouncement of judgment it appears that for a period of approximately one and one-half. years defendant and decedent had been living together in a state of illicit relationship. Defendant was employed at the race-track in Tijuana, living in San Diego with decedent. Prior to September, 1931, the defendant had been employed at the race-track at Tanforan. Returning to San Diego in the latter part of this month he found the decedent and a man by the name of Tom in his home in a compromising situation. The defendant ordered Tom to leave. On the morning of the murder the defendant returned from Tijuana to his home in San Diego finding the decedent absent. Defendant walked down to the postoffiee and upon his return commenced cooking breakfast. Shortly thereafter the decedent returned and thereupon defendant accused her of having been-“out with Tom”. Prom this quite an argument started, and

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according to defendant’s statement decedent during the argument stated: “If you mention Tom’s name again I will break your head with this hammer.” Both started for the hammer which was on the ice-box about three feet away, and during the ensuing scuffle the defendant got the hammer and hit the deceased while she was pulling his hair. The defendant then wrote a note stating that if anything happened to either of them Tom was the cause of it. He then cut his own throat. Prom the blow in the head decedent died. The foregoing constitutes all of the evidence introduced relative to the murder except the testimony of two witnesses who stated that during the altercation they heard the decedent scream.