People v. Hall

BARNARD, P. J. The defendant was convicted of murder in the first degree, with a recommendation of life imprisonment, and has appealed from the judgment and from an order denying his motion for a new trial or for a reduction of the degree of the crime.

[583]About 1 o’clock A. M. on the morning of January 17, 1936, the appellant killed one James Washington by stabbing him with a long-bladed knife in front of a cafe and dance hall in the city of San Diego. Both were negroes and this cafe was frequented almost exclusively by negroes. The appellant and his fiancée came to this cafe about 12:30 that night where they occupied a booth and danced a time or two. The deceased, whom the appellant had never seen before, came up and asked the girl to dance with him. The appellant apparently objected and some argument or altercation ensued. While no blows were struck, the appellant was seen to pass an open knife from one pocket to another. An officer employed by the cafe intervened and ordered the parties off the dance floor. They separated and the appellant and his girl went to a booth and sat down. Some five or ten minutes later they left the cafe. As they went out of the door they saw a man named Turner whom they knew, standing near a telephone pole at the curb, slightly to their right as they passed out. They went over and talked with him there for about five minutes and then started to walk along the sidewalk past the cafe door on their way home, with Turner following just behind them. The girl was walking on the inside with the appellant nearer the curb. As they reached a point opposite the door they saw the deceased with his overcoat on standing just to the left of the door as one comes out of the building. The appellant pushed the girl back with his left hand and approached the deceased. Some sort of scuffle or fight then took place.

Almost immediately the appellant knocked the deceased through the plate glass window of the cafe, breaking the glass. Shortly after the deceased got out of the window he was down on the sidewalk with the appellant striking him. When the window was broken a number of people, including a brother of the deceased, rushed out of the cafe. There is evidence that while the appellant was striking the deceased he had a knife in his hand. Some of the witnesses testified that they did not see a knife, saying the blows were struck too fast. At some point while this was going on the deceased’s brother went to his assistance and the appellant chased him into the street, inflicting two cuts on his hands, the scars of which were shown to the jury. While the appellant was chasing the brother the deceased staggered into the street,