People v. Anderson

YORK, J.

On April 29, 1931, the appellants, together with a companion named Annala, were arrested for drunk and disorderly conduct and were incarcerated in the Lincoln Heights jail in the city of Los Angeles, and placed in a cell which was at that time occupied by one prisoner, McDonald. During an altercation between the appellants and McDonald, the latter sustained injuries which resulted in his death a day or two later. Appellants were charged by information with the crime of murder and upon trial by jury they were found guilty of the crime of manslaughter. From the judgment entered pursuant thereto, and from the order denying their motion for a new trial, they prosecute this appeal.

Appellants contend (1) that the trial court erred in refusing to instruct the jury to bring in a verdict of “not guilty”; (2) that the court erred in refusing to permit witnesses for the prosecution to testify to certain conversations had with appellants shortly after the disturbance in the jail; (3) that the court erred in giving certain of the instructions given and in refusing to give certain instructions which were requested by appellants; . (4) that the evidence is insufficient to sustain the verdict of the jury, and (5) that the verdict is against law for the reason that the evidence shows that the death of McDonald was caused by accident or misfortune and not by act or acts of the appellants.

The record before us shows that when the jail officers entered the cell where the altercation had taken place, Annala was asleep in his bunk; that both of appel

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lants had swollen hands which were covered with ■ fresh blood, but that neither presented a disheveled appearance and neither of them was bleeding. McDonald, on the other hand, presented a pitiable appearance; he was bleeding profusely from his wounds, his clothes were completely torn from his body and he was in a highly confused and nervous state. Upon examination, it was found that he had sustained serious injuries: A fractured skull, a subdural hemorrhage and two broken ribs. Both appellants admitted striking the deceased and pushing him to the floor of the cell. With these facts in mind, we are convinced that the evidence is sufficient to sustain the verdict of the jury, and that McDonald’s death was caused by the brutal beating inflicted upon him by the appellants. Hence, there was no error on the part of the trial court in refusing to instruct the jury to return a verdict of “not guilty”.