People v. West

SHENK, J. Arthur D. West and Howard P. Smith were by the same information accused of the murder of Roy V. Lockwood on October 4, 1934. Each pleaded not guilty, and West in addition pleaded not guilty by reason of insanity. They were tried jointly on the issues raised by the pleas of not guilty. The jury found West guilty of murder in the first degree, without recommendation, and returned a verdict of second degree murder as to Smith. Subsequently West withdrew his plea of not guilty by reason of insanity and has appealed from the judgment entered and sentence imposed pursuant to the verdict returned against him, and from an order denying his motion for a new trial.

The appellant, the deceased Lockwood and Smith were soldiers in the United States army. All three were stationed at the Presidio in San Francisco and were assigned to detail at Letterman General Hospital. The three shared the same barracks.

About 4:30 P. M. of October 4, 1934, they were off duty. West asked Lockwood at the barracks if he cared to drive down town for a bite of supper, to which Lockwood assented. West asked Smith to join them. Smith had just eaten a meal, but said he would go along. West carried with him a package wrapped in brown paper, without a string on it, which he said contained clothing he promised to deliver to a destitute woman who lived in a house on Ortega Street, which he would identify. The three entered Lockwood’s one-seat ear, with Lockwood at the wheel, Smith next to him and West on the right end of the seat. They drove from the Presidio through the Thirteenth Avenue exit, across Golden Gate Park to the neighborhood of Ortega Street and Thirty-seventh Avenue. West feigned to [369]be looldng for the house of the fictitious destitute woman. While they were driving along Santiago Street approaching Forty-third Avenue, West drew a gun from the package on his lap and aimed it at Lockwood. Three shots were fired. The first entered Lockwood’s chest. Another pierced his head and one entered the car door. Smith took control of the car, turned it into Forty-third Avenue, and brought it to a stop. West threw away a blue shirt which he had in the package with the gun. They left Lockwood and the automobile and boarded a street car back to town. They stopped at a cleaning establishment where blood was removed from the sweater Smith was wearing. They separated after they had agreed to make the statement, if questioned, that they had started to town with Lockwood, but parted from him at Van Ness Avenue and Geary Street.