People v. McNeill

SEAWELL, J. In an indictment returned by the grand jury of Riverside County, the defendant was charged with the murder of his wife, committed on August 13, 1936. At the conclusion of the trial, the jury brought in a verdict of murder of the first degree without recommendation, and sentence imposing the extreme penalty was pronounced. [645]While ably and vigorously represented by counsel upon the trial, no appeal has been noticed by the defendant. The cause comes before us under the provisions of the commonly designated “automatic appeal” statute. (Pen. Code, sec. 1239.)

It appears that at the time of the homicide the defendant and deceased had been married approximately twenty-five years. There were four children of the union aged, respectively, 13, 15, 17 and 19 years. Deceased was 49 years of age and defendant was 52. On the day upon which deceased met her death the parties were living in the town of Temecula, where the defendant was engaged as a blacksmith and deputy constable. The evidence is undisputed that some time between 12 and 1 o’clock on the afternoon of August 13, 1936, the deceased was the victim of a brutal beating about the head and body that caused her demise several hours later. The autopsy surgeon testified that his examination disclosed five ragged lacerations, varying in length from three to four inches, on the head of deceased, some of which made visible the skull bone. She also bore a bluish spot in the pit of her stomach under which the “crackling” of broken bones was discernible. The cause of death was described as shock resulting from the skull and abdominal injuries.

By means of the testimony of several disinterested witnesses the prosecution placed defendant at the scene of the assault at or about the time of its commission. Three neighbors testified that they saw the defendant in the immediate vicinity of his home and approaching the same a few minutes prior to 12 o’clock on the day of the homicide. One of these witnesses described defendant as wearing overalls, which were subsequently found to be spattered with blood. Another disinterested witness testified that he heard a woman’s screams emanating from defendant’s home at approximately 12:15 on the day in question. He described them as continuing for a period of three or four minutes. A young high school boy for whom defendant had been making a hunting knife at his blacksmith shop, not finding defendant at the shop, approached defendant’s home to inquire about the completion of the knife. As he neared the house shortly after 12 o’clock the witness could see the defendant pacing back and forth in the living room. Upon discovering the presence of the