People v. Lane

SHINN, P. J. In a jury trial, William Harold Lane was convicted of the second degree murder of Casimir Buda. A separate trial was held on Lane’s plea of not guilty by reason of insanity; the jury found that defendant was sane at the time the offense was committed. Lane made a motion for new trial, which was denied. Probation was likewise denied, and defendant was sentenced to state prison for the term prescribed by law. Lane appeals from the judgment.

The conviction was based upon evidence of the following facts. Defendant and Buda were patients in the Krueger Sanitarium in Lancaster, which houses about 60 men suffering from tuberculosis. The patients live in cabins; near the cabins is a recreational area provided with tables and chairs. One of the patients, Manuel Carpió, was walking across the recreational area shortly after noon on August 2, 1956. He looked up and noticed Buda on the ground in a half-seated position about 75 feet away from him; Buda was attempting to lift himself up by his hands. Defendant was standing about [4985] or 6 feet in front of Bnda, whose back was toward Carpió; Lane was holding an ax. Buda took a handkerchief out of his pocket, wiped his forehead, then backed up as defendant followed him. A moment later, defendant walked around a nearby building. Lane was then seen entering his cabin by Paul Mikes, who was also a patient. Defendant was carrying an ax. Mikes was shown a hatchet by the deputy district attorney and stated that it was the same one he had seen in defendant’s hand.

Alvin Krueger, manager of the sanitarium, was summoned by Carpió. Krueger assisted Buda to his office and telephoned for an ambulance. Buda was in a state of shock and was bleeding from several lacerations on his head. Krueger searched Buda’s clothing, but found no weapons. Shortly thereafter, Krueger had a conversation with defendant outside the office. When asked by Krueger what had happened, Lane said: “Well, I got him; I got him, he got what was coming to him.” Krueger attempted to question him further, but defendant replied: “I got my rights; I got my rights, I don’t have to say anything. ’ ’

P. W. Dornberger, a Los Angeles County sheriff’s deputy, arrived at the sanitarium at 1 o’clock. Someone handed him an ax that was wrapped in a piece of blue flannel; he examined the ax and the wrapping for blood stains, but found no traces of blood. The hatchet had been retrieved from defendant’s cabin by a patient named Taffinder. Taffinder testified that he went to Lane’s cabin and found the ax resting against his bedside table. He wrapped it in a pajama top and took it to the office. There was no blood on the ax when he saw it in the cabin. He identified an ax shown him by the prosecutor as the one he gave to Officer Dornberger.