People v. Kahn

FOX, P. J. Defendant was charged with violating section 187, Penal Code, in that on or about June 17, 1960, he murdered William Baskin. A jury returned a verdict of first degree murder. A jury trial having been waived on the issue of punishment, the court determined that defendant should be imprisoned for life. He has appealed from the ensuing judgment.

Defendant’s sister, Sophia Kahn, became acquainted with Baskin in October, 1959. They were later engaged and planned to be married on January 17, 1960. Miss Kahn terminated her employment on December 17, 1959, in anticipation of their marriage. Her coworkers gave her a party and presents.

At approximately 4:30 in the morning on January 7, 1960, Baskin, accompanied by his son, called on Sophia at her home and told her that he was not going through with their contemplated marriage. She inquired as to the reason, and told him that all arrangements had been made for the wedding. He stated: “I am just not marrying anyone.”

Sophia was very much upset. She returned the presents with defendant’s help. She cancelled the wedding plans and requested her former employer to reinstate her, which he did. Sophia explained to defendant what had happened, and how terribly humiliated she was. They discussed the matter several times, the last time in February 1960. Defendant learned that their mother suffered a breakdown as a result of the broken engagement. He was very much disturbed because of the reaction on both Sophia and their mother. He felt a great injustice had been done.

Also, defendant learned from his sister that Baskin was short-tempered and carried a gun. Sophia did not again go out socially for some time.

[328]Mrs. Gisele Bouchard and her husband managed a 14-unit apartment house in Long Beach owned by Baskin. They lived at, and also took care of, his home on Livingston Drive and Bennett Street, in Long Beach, with their three daughters, Lucy, age 18, and their twins, Michele and Francine, age 16.

At approximately 9 :15 on the morning of June 17, 1960, defendant came to the Baskin home and asked for Mr. Baskin, stating that he was a friend of his. Michele told him that Baskin was playing golf and would be home at 12:15. Defendant then left and returned at approximately 11 o’clock. She opened the back door and said: “You come in and wait for him [Baskin]. He will be back in a few minutes.” Michele then informed her mother that “we have company for Mr. Baskin.” Mrs. Bouchard went to the kitchen door and said to defendant: “Come in the living room and sit down.” Defendant stated: “I am Mr. Baskin’s best friend,” but he did not disclose his name. Mrs. Bouchard then said: “Take a chair and make yourself comfortable.” She excused herself and told Michele to turn on the hi-fi. A few minutes later Lucy observed him alone in the living room; he was walking very nervously in circles. Mrs. Bouchard later returned to the living room and talked with defendant. When she heard the garage door open, she said to him, “Excuse me, Mr. Baskin’s coming.” Mrs. Bouchard told Baskin he had company. He went into the living room while Mrs. Bouchard remained in the kitchen with Michele. She heard Baskin say, “I don’t know you.” Defendant replied, “I am Sophia’s brother.” Defendant then called “the two ladies” in the kitchen and said: “Come sit down on the couch beside Mr. Baskin to hear what I say.” When Michele and her mother entered the living room, defendant was standing and holding a gun pointed at Baskin, who was seated. They were only about two feet apart. Defendant was nervous. He ordered Mrs. Bouchard and Michele to sit down on the couch beside Baskin. He told them, “Just listen; don’t move.” He then said to Mrs. Bouchard, “You have some other girls?” She replied, “I have Lucy in the bedroom.” Defendant said: “Call her and tell her to come sit down.” Mrs. Bouchard called twice, but Lucy did not appear. According to Mrs. Bouchard’s testimony, defendant stated to Baskin: “I came here to ask you $20,000 cash for my sister, Sophia, to give her a trip around the world because you broke her heart and to forget when you quit with her engagement. ’ ’ Baskin replied : “I don’t have that money now,” Defendant, according to