People v. Johansen

CURTIS, J. The defendant, William Johansen, was charged in two separate informations with the murder of two human beings in the city and county of San Francisco. In °one information he was charged with the murder of Lena Coffin on the 6th day of April, 1935, and in the other the charge was that he had murdered Irene Chandler, known also as Irene McCarthy, on the 24th day of June, 1940. The two informations were filed on July 18, 1940. Defendant interposed to each information pleas of not guilty, and not guilty [480]by reason of insanity. He subsequently withdrew his pleas of not guilty and waived a jury, and went to trial on October 14, 1940, before the court on his .pleas of not guilty by reason of insanity. The two cases were consolidated for trial. Prior to the date of trial the court had appointed two alienists, Dr. Tilton E. Tillman and Dr. Margaret H. Smyth, the former a member of the Lunacy Commission and the latter being at the time of her appointment Medical Director and Superintendent of the Stockton State Hospital.

At the close of the evidence the court found the defendant sane and fixed his punishment at death, and thereafter pronounced judgments in each case in accordance with the penalty so fixed. The appeals from these judgments under section 1239 of the Penal Code are automatic. While defendant was represented by the Public Defender in the trial court, there has been no .appearance on his behalf in this court and no brief has been filed by him personally or otherwise. The Attorney-General has filed a statement setting forth a summary of the evidence in the case and such matters as he deems pertinent.

The only witnesses at the trial were the two alienists and the defendant. The latter identified three statements made by him to prosecuting officers after his arrest and prior to his trial, which, upon proof of their authenticity, were introduced in evidence without objection upon his part.

The qualifications of each of the alienists were admitted by counsel for the defendant. Dr. Tillman was first called as a witness and identified the written report which he had made to the court as to defendant’s mental state. His report bore the date of October 10, 1940, and was as follows: “This is to certify that I have examined William Johansen on two different occasions at the County Jail and have had a long interview with his present wife who is a resident of Long Beach, California, and that I have been in consultation with Dr. Margaret Smyth of Stockton State Hospital, and I find that William Johansen is sane and competent.”