People v. Estrada

JAMES, J.

Defendant was charged with the crime of murder and a verdict was returned finding him guilty of the crime of manslaughter. He appeals from the judgment and from an order denying his motion for a new trial.

It is first claimed that the evidence was insufficient to justify the verdict. The killing of Eduardo Murillo by appellant on the third day of July, 1921, in Clearwater, in the county of Los Angeles, was admitted, but appellant contends that upon all of the evidence but one conclusion can be drawn and that is that the act was done in necessary self-defense. Necessarily, as this court in its consideration of questions presented is limited to errors of law alone, if the evidence presents a conflict, the facts must be resolved against the defendant. The only direct evidence showing that the deceased was killed by the defendant consisted of a written statement made by the defendant shortly after his arrest. On the morning of the 4th of July, 1921, the dead body of Murillo was found on the public roadside. There was a wound in his back on the left side, which the autopsy surgeon determined had been made by a knife which had penetrated the abdominal aorta. Close beside the dead man lay a club of eucalyptus wood, about two and a half to three inches in diameter and about three feet long. There were no wounds or bruises noticeable upon the body of Murillo except that which has already been referred to. Around the body and for a distance, in one direction at least, of approximately twelve feet, the grass which grew there had been trampled or beaten down and there was blood in several places within the trampled area. The knife with

[479]

which the fatal wound was inflicted was not found. Relations between the deceased and defendant had been friendly. The deceased boarded at the house of the mother of defendant, where the latter also lived. During the afternoon of the 3d of July the two men had been together and called upon several of their friends in the neighborhood and had had several drinks of intoxicating liquor. There was evidence showing that the deceased had been drinking during the month preceding the day of the tragedy, although as to the quantity and kind of liquor drunk by him the evidence does not show, nor does it show how often he drank. At about 10 o’clock of the night of the 3d of July the man at whose house deceased and defendant last called walked some distance down the road with them, when he left the two men together. This man testified that deceased was quarrelsome and that deceased said to defendant, “I am going to do you up, you and your mother, too.” As to what occurred between the two men from that point on to the time when the fatal blow was struck no witness was produced to tell, and the jury had only the statement of the defendant to advise them of the details of the encounter. That statement will shortly appear. On the following morning defendant requested a friend to drive him several miles away to an old adobe house on a neighboring ranch, at which place he was arrested shortly after the discovery was made of the dead body of Murillo. "When the arresting officer informed him what the charge was he replied: “I don’t know anything about it.” He was immediately taken to the county jail. Before being incarcerated therein it was noticed that when he was touched on his left side he winced, although he had up to that time made no complaint of any injuries. Upon the officer inquiring of him what was the matter, he said that he had been injured, and after his shirt had been taken off a very large bruise was discovered on his left breast and across his left shoulder. The bruise on the chest was described as being about as “big as a man’s fist.” The officers thereupon inquired of him as to whether he was willing to make a statement and he said that he was so willing and proceeded to tell what had happened between him and Murillo after they had been left on the road by the friend. The prosecution introduced this statement as a part of its testimony at the trial and the defendant did