People v. Lilliock

PEEK, J. By its verdict a jury found William R. Lilliock and Oliver Stanley Williams guilty of murder in the first degree. The same jury determined that Williams should suffer the death penalty and Lilliock be sentenced to life imprisonment. Thus Williams’ appeal is automatic. (Pen. Code, § 1239, subd. (b).) Lilliock’s appeal was transferred to this court and consolidated with that of Williams.

Since we hold that both appeals come within the rules set forth by the United States Supreme Court in Massiah v. [620]United States, 377 U.S. 201 [84 S.Ct. 1199, 12 L.Ed.2d 246], and Escobedo v. Illinois, 378 U.S. 478 [84 S.Ct. 1758, 12 L.Ed.2d 977], as followed by this court in People v. Dorado, ante, p. 338 [42 Cal.Rptr. 169, 398 P.2d 361], and since the pertinent facts as regards this issue are not in conflict it becomes unnecessary to discuss in detail the factual background of the present case.

It is sufficient to note that on October 28, 1962, Arthur Kretehman, the victim, resided in a cottage at a motel near downtown Los Angeles. At approximately 10 o ’clock that evening the occupant of the cottage next door heard a thud, then a moaning sound from the cottage. When the witness stepped outside to investigate he observed a man whom he identified as Lilliock standing on the porch of the victim’s cottage. Lilliock stated to him that Kretehman was intoxicated ; that “they” had some trouble trying to get him into bed, and would stay with him that evening. The witness further testified that when the victim’s ear was driven away it was Lilliock who was driving but that he could not identify the person riding beside Lilliock. Immediately after the body was discovered fingerprints of both defendants were found in the cottage. According to the autopsy surgeon the cause of death was “asphyxia due to strangulation of the neck.”

When defendants were arrested by a highway patrolman near Needles at approximately 3 o’clock the following morning, Lilliock was driving the victim’s automobile and Williams was sitting beside him.

From the foregoing facts it is manifest that when Los Angeles police officers were sent to Needles to interrogate the defendants concerning the homicide the investigation had focused upon them. The police then engaged in a process of interrogations that lent itself to eliciting incriminating statements. At that time the investigation had reached the accusatory stage within the meaning of Escobedo and Dorado, which require that at that stage defendants must be informed of their rights to counsel and to remain silent or that they knowingly and intelligently waive those rights.