People v. Bell

SHINN, P. J. In a jury trial defendant Betty A. Bell was found guilty of murder of the second degree. Her motion for new trial was denied and she appeals from the judgment and from the order denying her motion for new trial.

The defendant and her husband, the deceased, had resided at 2220 Vista Del Mar Avenue since 1954. On the evening of May 17, 1958, Mr. Bell was shot by a revolver held by defendant. He died from the wound two days later. Sergeant Theodore Rushton, responding to a radio call, arrived at the premises at 9 :55 p.m., knocked on the door and receiving no response went to the north side of the house where he heard voices in the bedroom, asked to be permitted to enter and shortly thereafter was admitted by defendant. When questioned as to what had happened, defendant said: “He is in there. He will tell you.” The officer went to the bedroom where he found Mr. Bell, clad in shorts, lying on a bed in a pool of blood; there appeared to be no disarrangement of the furniture and the premises seemed to be in order. A few minutes later Officer Berger arrived and both officers went into the bedroom where they found a black leather holster lying on the bed. In the front room they found a bullet lying on the floor under the coffee table, two or three blood spots on the rug nearby and a double action revolver. There were blood spots leading through the dining room and down the hall toward the bedroom. The revolver contained three live and two empty shells. Questioned by the officers whether she had shot her husband defendant gave vague and erratic answers, but she finally replied that she had not shot him and that “This is none of your business. Why don’t you leave? This is boring me. ...” Officer Berger formed the opinion that defendant was only partially intoxicated. Defendant was then taken to the police station where she was interrogated [836]further at which time she denied any knowledge of the shooting of her husband, the circumstances under which he was found or the presence of the gun. Officer James Close then proceeded to question defendant from 1 a.m. to about 4 a.m. during which time defendant steadfastly reiterated her lack of knowledge of the shooting. In the several interviews defendant displayed an indifferent and callous attitude, remarking that she asked for excitement and got more than she asked for, that it was fun and that she didn’t see what the fuss was about as Bell was not hurt bad anyway. On the morning of May 19th, Officer Close, in an effort to gain information, untruthfully told defendant that Mr. Bell had informed him that she had shot him, whereupon defendant stated that she had gone into the front room with the gun and sat on the couch next to her husband, that he attempted to grasp her hand or wrist and that the gun went off and he had been shot.