People v. Wells

THE COURT. In an information filed by the District Attorney of San Bernardino County, the appellant Wells was charged with the murder of three persons. He entered pleas of not guilty and not guilty by reason of insanity. Following the trial on the general issue, the jury returned a verdict on each count, finding appellant guilty of murder of the first degree without recommendation. He thereupon withdrew his insanity plea. Judgment was entered imposing the death penalty on each of the three counts and motion for new trial was denied. This appeal from the judgment and order is an automatic one under section 1239 of the Penal' Code.

No brief has been filed on behalf , of appellant. We have nevertheless examined the entire record and find substantial evidence of appellant’s guilt.

Wells, approximately 31 years old,' had been living for several months with Ms half-sister, aged 20, in an illict relationship. She testified that appellant frequently threatened to kill anyone who might attempt to interfere with their relationship, and made such threats to his brother, Raymond, aged 25. Appellant’s employer testified that appellant confided that his brother and sister-in-law “were endeavoring to break up his relationship with Violet and that if they succeeded in doing that he would get a gun and kill them. ’ ’ In time Raymond and his wife Jean persuaded Violet to leave appellant. Her mother, appellant’s stepmother, testified that [193]appellant immediately sought to locate the girl, stating that he could not get along without her. The owner of the premises where appellant had lived with his half-sister testified that Wells had blamed his brother Baymond and sister-in-law Jean for taking the girl from him and had threatened to “get” them for it. In later conversations, appellant told the witness that he would kill his brother and sister-in-law “as soon as he could get a gun.” Several other witnesses testified that appellant arranged to procure a gun from one of them stating, “I have been out of the penitentiary for two years. ... I might as well go ahead and get my revenge. ’ ’ Several of these witnesses saw appellant in the company of two of his victims just before their deaths.

Following his apprehension in Spokane, Washington, approximately one month after the triple homicide, appellant made a voluntary confession in the presence of a deputy district attorney, a court reporter and certain law enforcement officers. He admitted procuring a gun, calling at his brother’s home on May 7, 1941, and inquiring of his sister-in-law as to his brother’s whereabouts. She told him that her husband was working late that evening and offered to drive appellant to his place of employment. She took her baby, and a young woman, Bose Destree, who was visiting her at the time, in an automobile with appellant to take him to his place of employment. Appellant directed them into the hills where he ordered the car stopped. He thereupon directed his sister-in-law to write a note to her husband, and when that was done he admittedly shot her in cold blood. She died almost instantly. Bose Destree, a comparative stranger to appellant, was shot by him as she attempted to flee, and died several hours later. Appellant wrapped his coat about the baby and left.