People v. Ingrum

WOOD, Acting P. J. Defendant was charged by informa tion with the crime of murdering Victor M. Paul on January 13, 1939. She entered pleas of not guilty and not guilty by reason of insanity and admitted the truth of the additional charge contained in the information that she had previously been convicted of a felony. A jury returned a verdict finding her guilty of murder of the first degree and fixing her punishment at life imprisonment. The jury also found that she was sane at the time of the commission of the offense. The appeal is from the judgment of conviction.

Defendant argues that the evidence is insufficient to sustain the judgment. She contends that she shot Mr. Paul in self-defense and that the killing was justifiable and excusable ; that if it be held that the killing was not justifiable or excusable, the evidence shows the commission of no offense greater than manslaughter.

The prosecution points to evidence in the record which fully sustains the verdict of the jury. The decedent, who was a deputy sheriff of Los Angeles County, met defendant while they were passengers on a bus travelling to El Paso, Texas. Defendant informed decedent that she had been convicted of robbery in Oklahoma, had served part of her term and been paroled, but had violated the terms of her parole and had been returned to the penitentiary from which she had escaped. Notwithstanding this information decedent asked her if she were a good cook and requested her to return to California and live with him. Thereupon decedent bought tickets for their return to California and they commenced to live together as husband and wife, and although they were not married, continued to live together in Norwalk until defendant killed decedent.

A witness for the prosecution, Edith Winget, also known by the nickname “Patsy”, testified that in the evening of January 12, 1939, defendant and the witness drove by the house occupied by defendant and decedent and, finding no light in the house, drove on and visited several cafes and [564]beer parlors, subsequently returning to defendant’s home,at about 3 o’clock in the morning of January 13th. They went into the house, turned on the light and awakened decedent. After a few moments decedent said, “Quit”, and pulled the bed covers over his head after defendant had pulled the covers down. Decedent used some profanity. Defendant said to the witness, “Come on, Patsy, let’s get out of here” and said to decedent, “God damn it, so you are still mad.” The witness and defendant then left the house and visited other beer parlors and cafes, the last place being visited at approximately 9 :30 A. M. on January 13th. They returned to the residence occupied by decedent and defendant at about 3 o’clock in the afternoon of January 13th. Seeing unwashed dishes on the table defendant said, “Someone has surely cooked for him”. Defendant then went out the back door.