People v. Giovanni

WOOD, J. Defendant was accused by information of the crime of murder in that on or about February 9, 1940, he murdered one Walter Peniger. A jury found him guilty of manslaughter and he has appealed from the judgment of conviction. Defendant contends that the evidence establishes that the killing was done in self defense and that it is insufficient to sustain the verdict of guilty of manslaughter.

At about 9:30 p. m. on February 9, 1940, two groups of young men, all colored, engaged in a brawl at the corner of Central Avenue and 22nd Street in the city of Los Angeles. There were about five or six in each group. To establish the circumstances of the affair the prosecution presented as a witness Police Officer Corsini, who testified that on November 4, 1940, he had a conversation with defendant in which defendant stated that during the brawl he stabbed Peniger with a knife, causing his death, and that William Wells, one of the group with Peniger, was shot by one of defendant’s group. After the stabbing and shooting defendant ran down an alley, throwing the knife with which he had stabbed Peniger “back of the Lincoln theater”. Thereafter defendant and two other boys went to the Southern Pacific depot, “bummed a ride” and left the State of California. Defendant returned about the first of November and gave as his reason for returning that he would have to “register with the government” and that he might as well come back and give himself up. Defendant also told Officer Corsini that Ernest Waters, one of defendant’s group, had at the [231]time of the affray a large knife in his hand and said that he “intended to stab a fellow . . . who got away just about that time”; that Waters was trying to get a “gun” from one of the other group. Police officers searched the premises where the stabbing took place but could find no knife. The body of Peniger was taken to the morgue but no knife was found among his effects.

The only witnesses who testified concerning the circumstances of the affray were, in addition to the police officers, defendant and Ernest Waters. One of the officers testified that they had tried to find other participants in the affray but were unable to do so. According to the testimony of' defendant, Peniger and his group had ordered defendant and his companions to stay awa)*- from the neighborhood of Central Avenue and 22nd Street; defendant and his friends left the intersection for a few minutes and, upon observing that the others had left the scene, were returning with the intention of getting some “chili beans”; at that time several members of Peniger’s group came from behind an automobile wdth knives; defendant and his companions ran about 25 or 40 feet and were met by Peniger and several others; Peniger lunged at defendant with a knife; after Peniger came at him the second time, cutting through his coat sleeve, defendant stabbed him; one of Peniger’s group stabbed Edward Wallace, one of defendant’s group.