People v. Grover

WOOD, J. Defendant was charged with the crime of manslaughter. The information alleged, and defendant admitted, two prior convictions of felonies. The jury returned a verdict of guilty. Defendant appeals from the judgment.

The appellant contends, in substance, that the evidence was insufficient to sustain the judgment; that the court committed prejudicial error in failing to declare a mistrial; and that certain questions asked defendant on cross-examination were prejudicial.

On August 23, 1947, about 2 a.m., defendant hired a taxicab which was driven by Elsworth B. Burns. After going several blocks the taxicab stopped near 921 West Sixth Street, Los Angeles. Defendant and the driver alighted and began to scuffle. Three police officers, who were dressed in plain [852]clothes and were in an automobile in a parking lot on the opposite side of the street, observed the defendant and the driver, and then went to the scene of the scuffle. As the officers approached, defendant and the driver separated. One of the officers spoke to the driver, who was then standing with his arms “hanging” by his sides. As the driver started to reply, defendant took one step forward and struck him with his right fist, knocked him down, and caused his head to strike the pavement. The driver was rendered unconscious and died shortly thereafter without regaining consciousness. He was 5 feet 6 inches in height, and weighed 155 pounds; and defendant was 5 feet 11 inches in height, and weighed about 185 pounds.

One of the police officers, who witnessed the fight, testified that he and the two other officers watched the scuffle until they “saw the cab driver’s hat fly off,” and then the officers started to cross the street; that he heard one of the men say something about 50 cents but he did not know which one it was, and he heard the other man say something about calling the police; that the officer who reached the scene first, showed his police badge, and the two men separated; that that officer then stood “completely between” the men and asked the driver “What’s going on here?” and at that time defendant delivered a right-hand blow that struck the driver in the mouth and knocked him off the sidewalk; that his head struck the street and made a loud, popping noise; that the witness then asked defendant what the trouble was; that defendant said that the driver was trying to rob him and had also accused him of urinating in the taxicab; that the defendant’s trousers were “unzipped,” and there was a wet spot on the right-hand side on the back of the seat and also on the floor of the taxicab; that after the ambulance arrived and the driver was placed in it, “we” examined defendant for cuts or bruises; that since defendant had stated that he had been struck they looked “all over his face and all over his hands” for cuts and bruises but did not find any; that they noticed only one bruise on defendant and it was on his right hand in the center of the knuckles; and that defendant had $346 on his person at the time of his arrest.