People v. Stewart

PRESTON, J.

This is an appeal by the sixth and last defendant in a prosecution in Sacramento County for murder in the first degree, wherein all of the six were convicted and a judgment imposing the extreme penalty was pronounced.

\\

The appeal of the other five defendants was denied on April 30, 1929, and discussion of that cause is found in

People

v.

Brown,

207 Cal. 172 [277 Pac. 320], The crime of which these defendants were convicted was murder growing out of an armed prison revolt which occurred at Folsom on Thanksgiving Day (November 24), 1927. The defendants conducted a murderous assault upon the innocent prison authorities at which they had access, killing a brave guard by the name of Singleton and desperately and cowardly wounding at least two others. As part of the same transaction, they also killed a fellow convict, George Baker, and it is for his murder that this conviction was secured. Details of this revolt need not be again recounted, as the reader may find a more extended review of the facts in the volume containing the above citation. It is sufficient to here state that this defendant, while not the leader, was an active participant in the revolt and wielded a knife during these proceedings, stabbing one guard and making an effort at least to strike at the throat of another. He also cut a telephone cord in pursuance of the object of the revolt and did many other things which make his participation therein a full and complete one.

The defendant offered no brief in his own behalf but, disregarding this omission, we have examined the record

[81]

at length. We are convinced therefrom that under the law no relief whatsoever can he accorded him in this court and that his judgment of conviction must be upheld.

In doing this, however, we feel that because of the provisions of article VII, section 1, of the Constitution and section 1418 of the Penal Code, which require the consent and recommendation of a majority of this court before executive clemency can be given in a case where a previous conviction of a felony has been had, we should make a few further observations concerning the condition of the record with respect to this defendant.