People v. McDaniels

BARNARD, P. J. The defendant was charged with the murder of one Lenon Morris. A jury found him guilty with a recommendation of life imprisonment, and he has appealed from the judgment and from an order denying his motion for a new trial.

On the evening of October 9, 1944, the appellant and Morris, both negroes, were gambling in a small cabin located about 60 feet to the rear of a saloon in East Bakersfield. They were seated at a small round table and were playing a game known as ‘ Coteh, ’ ’ in which the dealer was supposed to deal the cards from the bottom of the deck. It appears that in the last game played Morris, who was the dealer, claimed the pot and that the appellant accused him of having dealt himself a card from the top of the deck instead of the bottom. The appellant stood [209]up and drew a pistol from his pocket, and Morris also arose, moved to his left around the table toward the door, and went out through the door. While this was going on the appellant fired four shots at Morris, three of which struck him. Morris ran or stumbled some 60 feet to the rear steps of the main building, where he fell dead. Two of the bullets which struck Morris entered from the front, one going through his right arm and into his chest and the other entering near the joint between the breastbone and the collarbone. The third bullet, which caused his death, entered from the back and severed the major blood vessels of the neck. It was apparently fired when the deceased was in a stooping position.

The appellant remained on the premises until he was arrested. He admits firing these shots and that he took the money in the last pot from the table. He claimed that he wes entitled to this as the deceased had “fouled his hand” by dealing the last card from the top of the deck, and that he shot only in self-defense. He now contends that the evidence is not sufficient to support a verdict of first degree murder and that, in any event, this shooting arose out of a sudden quarrel or heat of passion' and that the judgment should be reduced to one of conviction of voluntary manslaughter.

Appellant’s claim of self-defense is based upon his testimony that he saw the deceased deal the last card from the top; that he accused the deceased of so doing and claimed the pot; that an argument ensued which grew hotter and hotter; that while he was standing up and demanding the pot the deceased shoved the table over against him “with his left hand and that his right hand went beneath the table toward his lap or right pants pocket”; that seeing this motion he believed that the deceased was armed and was attempting to draw a weapon; and that in fear of his life he drew his pistol and fired four shots at the deceased as fast as he could fire them. It is then argued that the fact that one shot struck the deceased in the back might have a reasonable explanation in that the deceased, in trying to get out of the door, would necessarily have to first move around the table until he came to a point where he could turn toward the door, and that he received the bullet,in the back during the fraction of a second while he was making this turn.