People v. Mitchell

THOMPSON, Acting P. J. The defendant was convicted of murder of the second degree. On motion for a new trial, [423]the judge being doubtful of the sufficiency of the proof of malice, reduced the crime to that of manslaughter, and thereupon denied the motion. The defendant was sentenced to imprisonment in the state prison for the term prescribed for manslaughter. From that judgment this appeal was perfected.

It is contended the judgment is not supported by the evidence for the reason that the story which was related by James Wright, the chief witness for the prosecution, who is the only living eye witness of the affair, with the exception of the defendant, is inherently improbable and utterly unbelievable. Counsel for the defendant earnestly and vigorously declares his faith in the innocence of his client. We commend him for his able and conscientious defense. He was appointed to represent the defendant, who was without financial means to employ an attorney, and he has faithfully served without compensation.

We are, however, unable to agree with appellant’s counsel that the prosecution’s theory of the guilt of the defendant is inherently improbable. It appears that the defendant had a fair and an impartial trial in accordance with a liberal construction of the established rules of criminal procedure. The jury found him guilty of murder of the second degree and the trial judge, giving him the benefit of a doubt, reduced the crime to that of manslaughter. The testimony of the chief witness for the prosecution is corroborated by other reliable witnesses upon certain essential facts strongly indicating the guilt of the defendant. The defendant took the witness stand in his own behalf and there is an irreconcilable conflict of evidence upon the chief issues of the case. The credibility of the witnesses was a problem to be determined solely by the jury. Giving credence to the testimony of the prosecution’s witnesses, the judgment is amply supported by the evidence.

The defendant and the deceased were itinerant workers who, for some time prior to the homicide, occupied an old abandoned box-car which was stationed on an unused timber railroad track near the town of Anderson in Shasta County. The car was entered by means of improvised steps leading to a side door. About one week before the homicide which occurred Friday night, January 24, 1941, these men were joined by James Wright, another migrant worker, who [424]