People v. Boulton

SEAWELL, J. The defendant, by an information filed against him in the Superior Court of the County of Butte, was charged with and convicted of the crime of murder of the first degree, committed by him in said county on October 20, 1934. The murder consisted of the stabbing, on October 20, 1934, of A. D. Miner, a peace officer of the city of Gridley, county of Butte, who died four days later as the direct result of said knife wound inflicted by the defendant with homicidal intent. The jury did not by its verdict relieve the defendant of the extreme penalty of the law, and the court thereupon imposed the extreme penalty as it is required to do in cases where the jury refuses to exercise its discretion by relieving the defendant of the death penalty.

In addition to his plea of not guilty of the offense charged, lie also entered a plea of not guilty of the offense charged because he was insane at the time it was alleged that he committed .the crime. The jury found against the accused on both issues.

In due course the defendant moved for a new trial. The motion was denied and the death penalty .was accordingly pronounced. Notice of appeal from the judgment of conviction was duly given by the attorney who conducted the defenses of not guilty of the offense charged and not guilty by reason of insanity. He took no steps to prosecute the appeal, which comes to us automatically, and we have before us the clerk’s and the reporter’s transcripts on appeal, but no briefs from either side. Nevertheless we have read the entire transcript of testimony, the clerk’s transcript, including the court’s instructions, and all papers constituting the record.

The facts of the homicide are briefly told. The defendant arrived in Gridley on the morning of October 20, 1934. He had lived a roving life. According to his own words he abandoned the occupation of his early manhood, that of carpenter, and for twelve years had made a livelihood beating the “punch board’’, which is a device as common in cigar stores and shop places as the slot machine. Shortly after eating his breakfast he met a wayfarer, and they fraternized during the day. He explained to the wayfarer, whom he referred to as [344]a, lumberjack, how he could beat the punch board. Taking his instructions, the lumberjack proceeded to a cigar store and by following the defendant’s instructions won three ear-tons of cigarettes. The defendant purchased them for the sum of two dollars and peddled them in packages to whomsoever would buy. He was called to account for his action and taken to the city hall by a peace officer, where he was questioned.- He explained how he came into possession of the cigarettes and was released by the officer. The defendant’s destination was Marysville. It seems that no transportation was available to his destination until late in the afternoon. He and his companion made the public park which adjoins the Southern Pacific Company’s depot their stopping place. Early in the afternoon, as they were seated on a bench, a boy of about ten years of age and his playmates came into the park and began to play in boyish fashion. The defendant engaged them in conversation and entered into the sport with the boys. The caretaker of the park, Joe Lopez, heard some suggestive words directed to the boy by the defendant which caused him to become suspicious of his real purposes. His first contact with the defendant had been some hours before, when the defendant offered to sell him a package of cigarettes and inquired as to the time the first conveyance left for Marysville. Lopez finally saw the defendant exhibit a piece of money to the boy and heard him ask if he would like to have the. money. The boy went with him into the public toilet. Lopez heard the boy saying “No, no,” soon after entering the toilet, and Lopez immediately reported the matter to Mr. Lalla, who ’phoned to-the police headquarters, and Mr. A. D. Miner, a deputy sheriff and peace officer of Gridley, accompanied by Mr. Toney Soares, arrived upon the scene a very few minutes after the defendant and the boy entered the toilet. Mr. Miner grabbed the door knob, shook and beat against the door, and commanded the defendant to open it. The defendant first said “No,” and then immediately thereafter replied “Wait a minute,” and gave a plausible reason for his presence in the toilet. Both the boy and defendant came out upon the order of Mr. Miner and the defendant was seen buttoning up his trousers as he left the toilet. The boy was taken aside by the officer and upon being questioned said the man had offered him a dollar to be a party to an