People v. Williams

SPENCE, J. This is an automatic appeal from a judgment imposing the death penalty and two other penalties.

Defendant is a negro inmate of the California State Prison at San Quentin, California. He is serving, and was serving at the time the alleged offenses were committed, an indeterminate sentence of from one year to life for second degree [217]robbery. He was charged by indictment with three offenses, to wit; (1) murder; (2) assault by a life prisoner in violation of section 4500 of the Penal Code; (3) assault with caustic chemical in violation of section 244 of the Penal Code. Edwards, also a negro inmate of San Quentin, came to his death as a result of the effect of a combination of lye and water upon his face and neck. The lye water is alleged to have been thrown upon Edwards by defendant. Defendant waived a jury. The court, sitting without a jury, found him guilty of the three offenses as charged. The degree of murder was fixed at first degree. Defendant was sentenced to life imprisonment on the murder charge; to the death penalty for assault by a life prisoner; and to the penalty prescribed by law for assault with caustic chemical.

The second count of the indictment and the sentence of death rest upon section 4500 of the Penal Code. That section provides as follows: “Every person undergoing a life sentence in a State prison of this State, who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury, is punishable with death. ’ ’

The prosecution placed upon the witness stand six inmates of the prison who were eyewitnesses. These witnesses testified substantially as follows: On the afternoon of September 29, 1944, a group of from 15 to 20 inmates, including Edwards, the deceased, were congregated outside the clothing department of the prison awaiting their respective turns to enter and obtain clothing. Edwards was standing close to the door and was engaged in conversation with the other men. Some of the prisoners testified that as they approached the clothing department they noticed defendant standing by an entrance gate. After the men congregated outside the door, defendant worked his way through the crowd and approached Edwards from the latter’s side and rear. Defendant carried with him a small jar partly filled with liquid. Upon reaching the place where Edwards was standing, the defendant whirled Edwards around and threw the liquid in the general direction of his face. A large portion of the liquid fell upon Edwards but some of it splashed upon the others causing burns. One of the prisoners shouted “acid,” and the men quickly scattered. Edwards fell to the ground in pain and was picked up later and taken to the prison