People v. Greenlee

SHEPARD, Acting P. J. This is an appeal by defendant from a judgment of conviction of second degree murder and from an order denying a new trial.

Facts

In substance, the facts shown by the record are as follows: At their home in Buena Park, in the early morning hours of July 4, 1961, after defendant’s wife, Rosalee, had gone to bed, he killed her with a shot from a 22-caliber rifle. The bullet entered the neck about 2 inches below the right jawbone and ranged up through the opening for the spinal cord into the skull, penetrating the base of the brain. ' Her death occurred between 3 and 4 a. m. The claimed defenses are accident and drunkenness precluding intent.

Defendant testified that about 7:30 or 8 p. m. on July 3, 1961, he and Rosalee went to a neighborhood party at the Callaway home, across the street from the Greenlee home; that he had one drink of rum and root beer before going and another on arrival and four or five later; that there were several other persons at the party; that they had hamburgers about 8 :30; that later he missed Rosalee, found her in the house with Callaway’s arm around her, became enraged, engaged in an altercation with Callaway, threatened to beat up Callaway, was in turn threatened by Callaway with a fork, retreated and was threatened by Mrs. Callaway with a butcher knife; went back to his own house, found Rosalee was there, engaged in an argument with her, drank a beer, gave physical vent to Ms anger by throwing the beer can down the hall and a candle against the wall; pulled the bed covers off his wife, inferentially accused her of iufidelity with Callaway, went to another neighbor’s house, had another drink of whiskey at the house of Byrnes, a neighbor, engaged in an argument with the people there, said they wouldn’t think it so funny if Rosalee committed suicide, walked back to Ms house with Byrnes, drank another beer, had an altercation with Byrnes, was knocked down, went back to Byrnes’ bouse, bad another [695]drink and further argument, doesn’t remember going home but does remember playing records, standing in the bedroom with his rifle; that he pulled the rifle trigger; it exploded; he told his wakened children to go back to bed, left the house, drove around, thought of the possibility that Rosalee had been shot, went back home, saw a mark on Rosalee’s cheek, drove away, threw the gun out of the car, went to his sister’s house and then to the hospital, asked for Dr. Gregory, told nurses that his wife had been shot, went to the coffee room with a nurse, had coffee, told her he had shot his wife, was arrested as a drunk, was later interrogated by the officers about Rosa-lee’s death, lied to the officers saying Callaway raped Rosalee, had further talks with the officers, does not remember firing a second shot on their front porch; that Rosalee had been a good wife and mother and that he had never suspected her of infidelity; and that he doesn’t know why he got out the rifle and the shells. He denied pointing the rifle at Rosalee while on a trip in Mexico; denied threatening her with it while living at Seal Beach; denied having the rifle taken away from him by a neighbor at that time; denied threatening Rosalee with the rifle at Anaheim.