People v. Goold

LANGDON, J.

This is an appeal from a judgment of conviction of defendants, after a verdict of a jury, of the crime of murder in the first degree. Defendants were sentenced to death. This appeal also seeks to review orders of the court denying the motion of each defendant for a new trial.

Defendants were charged with having, on April 30, 1931, murdered William Fuller. Defendant Paciga pleaded not guilty. Defendant Goold pleaded not guilty and not guilty by reason of insanity.

From the evidence it appears that the victim, Fuller, lived in an apartment in the city of Los Angeles. On May 1, 1931, he was found lying in his bed, bound and gagged. Death had been caused by strangulation by the gag, with

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contributory concussion of the brain resulting from blows received. Several witnesses, including the manager and other occupants of the apartment house, testified that defendant Goold had entered Puller’s apartment on several occasions prior to April 30th. Goold was arrested in San Diego on May 2d, and made a complete confession of the crime to the police officers. He said that he had been living with Puller about three weeks, having met him at the Midnight Mission. On the afternoon of April 30th, Goold met Paciga and they decided to put into execution a previously discussed plan of robbing Puller on his pay day. Puller came in about 6 o’clock in the evening. Goold held him while Paciga struck him until he was almost unconscious. They then bound and gagged him, and took his pocket-book, containing about $50. Paciga gave Goold $20 and left. Shortly thereafter Goold left. The next day he was in Santa Ana and from there wrote a letter to his parents telling them that he had robbed a man named Puller with whom he was staying, and that if caught he would get one to ten years for it. Then he left for San Diego, where he was apprehended, and upon questioning, gave the detailed recital of the facts surrounding the crime, of which the above is a summary.

Defendant Paciga was discovered in Mobile, Alabama, and there arrested. He also made a complete confession of the crime. At the trial Paciga testified as a witness on his own behalf, repeating substantially the matters stated in his confession. The only points in which the stories of Goold and Paciga differ relate to their relative participation in the enterprise. Paciga testified that they intended to rob and did rob Puller, but that he never intended to kill him. This is borne out by the record. The tragedy which occurred was not within the original plans of the parties. It also appears clearly from the evidence that Goold was the instigator of the crime, took the lead, and directed all of the acts.