People v. Carr

WOOD (Parker), J. Defendant was charged with murder. In a trial by jury he was convicted of manslaughter. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the evidence was insufficient to support the judgment; and that the court erred in rulings regarding admissibility of evidence.

On February 27, 1954, about 10:30 p. m., Charles Williams had a telephone conversation with appellant’s wife (referred to as Ruby). During the conversation the appellant heard Ruby ask the person with whom she was talking to take her out that evening. About 11 p. m., Ruby told appellant that she was going to use the family automobile. Appellant stated that if she was going out he would go with her. He followed her to the automobile and she then started walking down the street. Appellant entered the automobile and drove to where she was walking but she refused to get into the automobile. When appellant came to the intersection a Cadillac automobile, apparently traveling in the opposite direction, passed him. Appellant recognized Williams as the driver of the Cadillac. Appellant made a U-turn and saw the Cadillac turn a corner. According to his testimony, Ruby was not in sight; appellant thought she had entered the Cadillac; he returned home and worked on books, which he used in night school, until approximately 1 a. m.; about 1:30 a. m. the telephone rang, and the caller stated that she was Mrs. Williams and that Ruby was out with Williams; about 2 a. m he got a gun from the bedroom, loaded the gun and put it in a drawer in the entrance hall; he then sat on a couch in the entrance hall and went to sleep; he awoke about 3 a. m. and discovered that Ruby had not come home; he sat in the entrance hall until approximately 3:30 a. m., when he saw a Cadillac automobile passing the house; he opened the door and saw it stop four or five “doors” from his house; he went to the drawer, took the gun, put it in his pocket and walked down the street toward the Cadillac; he saw “them kissing,” and then Ruby got out of the automo[76]bile; as appellant started to go around to the driver’s side of the automobile, Williams “backed up and started to pull away”; appellant yelled “Wait, I want to talk to you,” and reached for the door; Williams 11 gunned the car ’ ’ and did not stop; appellant then fired the gun; the automobile went across the street, into a fence and stopped; appellant had no recollection of taking the gun from his pocket or of firing it. The bullet entered the left temple of Williams and he died as a result of the wound.