People v. Matthews

DOBAN, J. A jury having been waived, defendant, adjudged guilty by the court of the offenses of murder and assault with a deadly weapon, appeals from the judgment and the order denying a motion for a new trial.

The evidence reveals that Mrs. Hattie Brown, the victim of the assault with a deadly weapon offense, lived with her nine-year-old daughter at the rear of 718 East 43rd Street in Los Angeles; she and her husband were separated. Defendant lived about a block away at 819% East 43rd Street; he and his wife were separated. Mrs. Brown and the defendant had been friends for a couple of years and each had visited the other. There was evidence of affection on the part of defendant for Mrs. Brown; evidence of presents in sums of money given by him to her, although defendant testified that this was for services rendered in the form of clerical work. Defendant also drove Mrs. Brown to and from work.

The offenses occurred about 9 :45 p. m.; at this time Mrs. Brown had left her house and had walked out to the street to meet Lonnie Eskridge and Pies Eskridge, with whom she had an appointment. At this time and place the defendant appeared and engaged Mrs. Brown in a conversation; Mrs. Brown testified as follows:

“Q. Did you talk with him then ? A. Yes.

“Q. Was there any discussion about what you were going to do or where you were going? A. He asked me where I was going and I told him out with some friends.

“Q. Is that abont the substance of it? A. And then I asked him — during that time there was a strike on the buses and the street cars were on a strike and he carried me to work, several mornings and I asked him if I should expect him by on the next morning and he said he would be there and then he walked away.

“Q. Now, when the defendant walked away, had you seen Lonnie Eskridge or his automobile? A. While I was talking to Mr. Matthews, Lonnie Eskridge and Pies Chester Eskridge were driving up.

[877]“Q. In other words, you recognized them in the ear? A. That is right.

“Q. Was it somewhat light around there? A. Yes, there is a street light right east — well, it is in the center of the street but it is east of where I was standing.

“ Q. So that it was not very dark there ? A. No.