People v. Paiva

THOMPSON, J. The defendant was convicted on three counts as charged in an information which was filed against [11]him and sentenced to state prison for life. The first count charged him with the murder of his seven-year-old sister Marion. The second count charged him with the murder of his six-year-old sister Mary, and the third count charged him with the rape of his sister Marion. Notice of appeal from the judgment which was accordingly rendered and from the order denying a motion for new trial was duly filed.

The cause was set for hearing before this court for June 24, 1933, at which time George B. Foote, Esq., was substituted as attorney for the defendant. At his request the defendant was granted fifteen days in which to file his opening brief on appeal. The cause was not orally argued. No brief has been filed in behalf of the defendant within the time allowed or at all. The cause was duly submitted.

In spite of the fact that the case was not argued and that no brief was filed in behalf of the defendant, on account of the seriousness of the charges of which the defendant was convicted the transcript of evidence and proceedings has been carefully examined. We are unable to find that it contains any reversible error in procedure, rulings or instructions, and it therefore becomes necessary to affirm the judgment.

It appears that the defendant, who was sixteen years of age, resided with his parents in Sacramento. The family consisted of several children, including Marion, aged seven years; Mary, aged six years, and Alfred, aged about fourteen years. September 1, 1934, the defendant’s parents left their home at 4 o’clock in the afternoon to pick hops at a ranch near by. The defendant and his brother Alfred, together with the two named sisters, were left at the house. The following day the defendant and his brother Alfred appeared at the hop ranch about 1 o ’clock in the afternoon. The entire family returned to their home where they arrived at 8 o’clock in the evening. It does not appear that the parents had previous information regarding the death of the little girls. Entering the kitchen, the parents discovered the remnant of a cake of ice and the shelves which had been removed from the ice box. Opening the ice box the bodies of Marion and Mary were found therein. Both of the children were dead. A physician was called and made a .postmortem examination of the children. There is ample evidence to sustain the verdicts against the defendant of his conviction of rape upon the person of his sister Marion