People v. Van Winkle

SHENK, J. This is an appeal from a judgment of convictions and from orders denying motions for a new trial. Under Count I of the indictment the defendant was found guilty of the murder of Police Officer Robert Walters and the extreme penalty was imposed. Under Count II he was found guilty of assault with intent to commit the murder of Special Officer Lawrence Jones, and was sentenced to imprisonment for the term prescribed by law. (Pen. Code, § 217.) To each count the defendant interposed pleas of not guilty and not guilty by reason of insanity.

The sole contention of the defendant is that the trial court committed prejudicial error in requiring the same jury which had returned the verdicts of guilty to then determine the question of the defendant’s sanity under the provisions of section 1026 of the Penal Code.

The record shows that on September 19, 1952, at approximately 4:30 p. m. the defendant, carrying a paper bag, entered the offices of the Personal Finance Company in San Francisco and inquired about a loan. Upon being shown into the manager’s office he withdrew a gun from the bag and ordered the manager to open the safe. He was informed that there was no safe in the manager’s office. After threatening the manager he returned to the general work area and ordered all employees to put their hands on their desks and keep them there. A customer entered about that time and was ordered at gun point by the defendant to sit down after leaving a payment of money on the counter top. The defendant then handed the manager the paper bag and ordered him to fill it with currency from the cash drawers and a strongbox. This the manager did. As the defendant left with the paper bag filled with currency he picked up the money left by the customer and ordered the employees not to sound an alarm. However the employees attracted the attention of police officers in the street several floors below and informed them of the robbery. The officers rushed to the door of the building as the defendant came out. Officer Walters attempted to arrest Mm. They moved to the sidewalk where wrestling took place. [527]Special Officer Jones attempted to assist Walters by restraining the defendant who then fired three shots, two of them entering Walters’ abdominal region and the third striking the little finger of his left hand. Jones threw the defendant to the sidewalk and tried to seize the gun. Jones was shot once in the wrist, and a second bullet was spent as it penetrated a magazine carried in the inner pocket of his coat. The defendant then broke away and as he fled from the scene was shot down by Officer Walters from where the latter had collapsed on the sidewalk. The paper bag containing $837 was found on the sidewalk after the shootings. Walters died as a result of his wounds on September 26, 1952.