People v. Cipolla

HENSHAW, J.

Defendant, convicted of murder in the first degree, appeals from the judgment and from the order denying his motion for a new trial. While the sufficiency of the evidence to sustain the verdict and judgment is not questioned, it may be well, for the better understanding of the propositions which appellant advances, briefly to state that evidence.

The deceased, Joseph Piraino, and the defendant were Italian laborers. Piraino had rented a room in a lodging house in Sacramento, which he shared with Cipolla. Both were out of work and seeking employment, but Piraino had about one hundred and thirty dollars in gold, which he carried on his body in a money belt. Cipolla, seemingly, had no money. At least, he borrowed small sums from Piraino from time to time with which to purchase his meals. Upon the morning of the homicide he had thus obtained one dollar from Piraino, with a part of which he procured himself to be shaved. He wore a mustache. In the afternoon of that day, at Cipolla’s suggestion, the two crossed the river and proceeded up the Yolo levee with the purpose of visiting a ranch conducted by Italians, in

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an endeavor to secure employment. On their way they were joined by two other Italians, strangers to the deceased. The four men were seen upon the levee by two witnesses, who recognized the defendant. When they had proceeded a short distance up the river the defendant demanded of the deceased that he give up his money. The deceased refused and protested, when he was seized by either arm by the two strange Italians. Cipolla then drew a knife and slashed him savagely with it about the head, the back, and the abdomen. The wounds across the abdomen were of a frightful character, extending from the spine upon the left around and across to the spine on the right, severing the intestines and nearly cutting the body in two. The money was taken and the murderers carried him, still living, to the river near by and threw him into the water. Piraino, notwithstanding his shocking wounds, was able to drag himself to the bank, where he was observed by men upon a passing steamboat. He was picked up, taken to a hospital at Sacramento, still alive and conscious, and able to give an account of the crime as above narrated. A visit was made to his room, where Cipolla was found and arrested. He had shaved off his mustache, and in one of his shoes were found two twenty-dollar gold pieces. He was taken to the hospital and confronted with Piraino, who declared him to be his false friend and murderer.