People v. Watson

WOOD (Parker), J. Defendants Watson and Neal were charged with murder in that on November 3, 1953, they did feloniously and with malice aforethought murder Sol DeBro, a human being. They pleaded guilty as charged. It was stipulated that the matter of determining the degree of the crime would be submitted upon the transcript of the preliminary examination, the report of the probation officer and such other evidence as might be presented. The judge found that the crime was murder of the first degree. Defendants were sentenced to life imprisonment. Watson appeals [71]“from the judgment of the finding by the Court of first degree murder.”

Appellant contends that the evidence was insufficient to support the finding of first degree murder. He argues that the finding should have been that the crime was second degree murder, because the evidence was not sufficient to support a finding that the murder was committed during an attempted robbery.

On November 2, 1953, about 11:30 p. m., while defendants were drinking in a saloon, they conspired to rob a liquor store because they were broke and needed money. Thereupon they went to their home and got two .45 caliber automatic pistols, which they had stolen from the United States Navy when they deserted it about two weeks previously. They loaded each automatic with seven cartridges. Neal put one pistol in his belt, and Watson put the other one in the waistband of his trousers. Then they went, in an automobile, and “spotted this liquor store.” Defendants stood outside for a long time. The storekeeper, Mr. DeBro, was alone in the store. About 12:30 a. m. of November 3, Neal entered the store and walked toward Mr. DeBro who was standing near the cash register. Soon thereafter, Watson who remained outside in front of the store heard someone say, “Put your hands up you dirty bastard.” Thereupon he entered the store and Mr. DeBro fired five shots with his .38 caliber revolver in the direction of defendants. One shot hit Watson in the chest. Then Neal fired one shot which killed Mr. DeBro immediately. Defendants went out the back door and went away from the vicinity of the crime. Police officers arrived at the store about 12:45 a. m. and found Mr. DeBro dead on the floor.

An officer testified that, in a conversation with defendants, both defendants said that they went into the store with the intention of robbing the storekeeper.

The judge was justified in concluding that defendants were attempting to commit robbery. Defendants pleaded guilty to the charge in the information that they murdered Mr. DeBro with malice aforethought. They admitted that they decided to rob a liquor store, that they armed themselves with loaded automatic pistols for that purpose, and that they entered the liquor store of Mr. DeBro with the pistols in their belts or waistbands with the intention of robbing him. The court was not required to accept, as true, the statement of Neal, in his application for probation, to the effect