People v. Narron

SHINN, P. J. Fred Smith Narron was convicted in a jury trial of the murder of Richard R. Brotherton, the offense being found by the jury to be murder of the second degree, His motion for a new trial was denied and he appeals from the judgment and the order.

Mr. and Mrs. Brotherton, Mr. and Mrs. Counts, and appellant and his wife, were neighbors in the town of Norwalk. San Antonio Drive extends north and south. The Narrons lived at number 12901. Their house fronted south and was located about 75 feet west of San Antonio on a paved driveway [767]which extended east and west. About 100 feet west of the Narron house, and beyond the westerly edge of the paved driveway, was a duplex, numbered 12903 and 12903%. The Brothertons lived in the north half of this duplex. Immediately south, and but a few feet away was another duplex, 12905, 12905%. Bach duplex had two entrances which led to a sidewalk extending north and south. South of the paved driveway, distant about 20 feet therefrom, and equidistant from the Narron house and the Brotherton duplex, was number 12909 where Mr. and Mrs. Counts lived. Bast of their house was a lawn extending south from the paved driveway, and to the east of the lawn a dirt driveway which extended to San Antonio Drive.

There was evidence of the following facts: On the evening of June 1, 1952, Mr. and Mrs. Brotherton, with their small girl and their baby, visited at the Narron residence. At about 10 p. m. they went to the Counts residence where they found Mr. and Mrs. Narron and Mr. and Mrs. Counts, who were drinking beer and watching television. Soon afterwards a son of the Narrons came in. The three men left for a time, the three women and the children remaining. After the men returned defendant put his hands on Mrs. Counts; she arose, rebuked him and told him to keep his hands off her, but defendant followed her and again put his hands on her. In a short time the men again left the house, went to town and returned with a bottle of whiskey from which Brotherton and defendant drank. While Mr. Counts was out of the room defendant took hold of Mrs. Counts and pulled her clothes up to the waistline. She pulled away and went into another room, returning with a car wrench. These occurrences were in the presence of Mrs. Brotherton and Mrs. Narron. Mr. Counts then took defendant outside and Brotherton followed. On the porch defendant spoke in derogatory terms of the women, saying that every woman had her price, and he suggested in indecent language that the men go to look for other women. His statements were resented by Mr. Counts. The men went out to the Counts’ car. There was loud talking. Mrs. Brotherton left the house and went across the lawn to get her husband to leave. Defendant put out his foot and tripped her and she fell against the car and to the ground. Mr. Brotherton said: “Now, look what you did.” Defendant and Brotherton started fighting. Defendant got Brotherton down and was hitting and choking him. Counts took hold of defendant and pulled him off Brotherton. Defendant