People v. Prantikos

HENSHAW, J.

Defendant was indicted for the murder of Thomas Finnelly and suffered conviction of murder in the first degree with the death penalty imposed. The facts, without controversy, show that the defendant was a fugitive from the justice of the kingdom of Greece of which he was a subject. He was there accused of the murder of his cousin, John Condos. On the advice of his family he fled to the United States. According to the laws and custom of his country he was tried during his absence and found guilty. All this is shown by the testimony of the defendant himself. A nephew of John Condos so slain, by the defendant, discovered that the defendant was in San Francisco, and on the twenty-sixth day of November, 1911, at the Ferry building in San Francisco pointed out the defendant as a fugitive from justice, to Walter Castor, a police officer, who placed the defendant under arrest. The defendant submitted without resistance and with the officer proceeded quietly for a distance of about sixty feet. Then, suddenly, he drew a revolver, shot George Condos, shot the arresting officer twice and fled. Police officer Thomas F. Finnelly came running to the scene and he too was fired upon by the defendant. One of the witnesses testified that Finnelly slipped and fell and that the defendant shot him while he was down. Both officers died from the effects of their wounds. Condos recovered from his, and the defendant was put on trial for the Finnelly murder.

Defendant was a witness in his own behalf. He testified to the facts above set forth touching the 'accusation against him

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of the crime of murder, of which he asserted he was not guilty, his flight to America upon the advice of his family, and that he had been wandering about the United States for two< years. He testified further that he had been tried and found guilty in Greece of the murder, and that members of the Condos family were seeking him for the two-fold purpose of having him returned to Greece for punishment and of securing the reward which the Grecian government had offered for his apprehension. All this had disturbed him greatly “so that he wondered he had any mind left. ” He had heard that a member of the Condos family was in San Francisco, and determined to leave San Francisco to avoid trouble. For this reason he was at the Ferry building and had purchased a revolver and was armed with it to prevent any member of the Condos family killing him. At the Ferry he was approached by Condos, who, with much vile language, said that he was going to have him sent to Greece to be executed. The police officer then put him under arrest. He knew that the police officer had authority to arrest him. As they walked along Condos, still talking in Greek, continued his vilification of him and of his family, so that “I lost my head and pulled my gun and started to fire.” He sought to kill Condos for his insults. He did not mean to kill and did not know that he had killed the police officers; from the time that he began to shoot his mind was a blank.