People v. Dalrymple

MARKS, J. By an information filed by the district attorney of San Bernardino County, defendant was accused of the crime of murdering Albie Karnes on June 28, 1935. He was found guilty of manslaughter and has appealed from the judgment and from the order denying his motion for new trial.

Defendant owned twenty acres of land a few miles east of the city of San Bernardino. On the land were two small houses which defendant had rented to Albie and Orvel Karnes in May, 1935. There was also a garage with a room which defendant occupied as his living quarters. In the Karnes family were several brothers and a Mr. Mills, a father-in-law of one of them, but not all of them lived on the Dalrymple place.

A few days prior to June 28,1935, defendant had made some beer which he and Orvel Karnes owned jointly. About the middle of the afternoon of that day defendant was reclining on a couch in his yard which was in the rear of the house occupied by Orvel. While he was thus resting Lester Karnes and Mills drove a truck into this back yard and left it standing between the house and the garage. They and defendant drank some of the beer. While they were drinking it Orvel Karnes, his wife, and Clarence Karnes arrived at the place. Mrs. Karnes went into the house and the two men joined the other three in the beer drinking. During this time the matter of wrestling came up and defendant and Lester Karnes nominated themselves as antagonists. Up to this point in the happenings of the afternoon the evidence is in general accord. It contains sharp conflicts as to the ensuing events.

The jury evidently accepted as true the clear and convincing evidence of the witnesses for the people and did not believe the story told by defendant while a witness in his own behalf. The people’s witnesses portray the following:

Defendant and Lester Karnes commenced to wrestle. Defendant forced Lester to his hands and knees, getting a “choke hold” or “strangle hold” upon him. Orvel Karnes told defendant to wrestle fair and stop choking Lester. De[36]fendant told Orvel to keep out of the match and struck Lester between the eyes with his fist and kicked him in the face with his heel. Orvel struck defendant in the face with his fist. Lester and defendant got to their feet and fought, several blows being struck by each. During the fight Orvel went over near the door of defendant’s living room and Clarence separated the fighters. Defendant broke away and, threatening to kill the Karnes, ran into his living room and secured a loaded double-barreled twelve-gauge sho¡t gun. Orvel followed him in and grappled for possession of the gun. He called in his brother Clarence and the two disarmed defendant. They took the gun to Orvel’s house where they were followed by Lester and Mills. They unloaded the gun, Clarence putting the shells in his pocket. The faces of defendant and Lester had been cut and bruised during the fight. This ended the first phase of the trouble, with defendant in his own living room, and all the Karnes in (prvel’s house. During all this time Albie Karnes had been ¡in the living room listening to the radio and up to this point knew nothing about the fight.