People v. Butler

WOOD, P. J. Defendant was accused in count 1 of murder of Joseph H. Anderson, and in count 2 of assault with intent to murder William Russell Locklear. In a jury trial he was found guilty of murder of the first degree and guilty of assault with a deadly weapon, a lesser and included offense in count 2; and the jury fixed the penalty for the murder at death. On a prior appeal, the Supreme Court reversed the judgment of conviction of murder and affirmed the judgment in all other respects. (People v. Butler, 65 Cal.2d 569, 576 [55 Cal.Rptr. 511, 421 P.2d 703].) On retrial, the jury found defendant guilty of murder of the first degree and fixed the [665]penalty at life imprisonment. Defendant’s notice of appeal will be regarded as an appeal from the judgment.

Appellant contends that the evidence does not support the verdict.

On May 17, 1965, about 10:30 p.m., Joseph H. Anderson, owner of a catering business, and William Russell Locklear, his assistant in that business, were at Mr. Anderson’s home watching television. The telephone rang and Mr. ■ Locklear answered it, at Anderson’s request, but “somebody hung up.” About an hour later, Locklear, who had taken a shower and was in the bathroom, heard the doorbell ring. He ‘1 didn’t hear hardly any talking at all.” While he was dressing, in the bedroom, he heard Anderson “holler”: “Bill, he’s got a gun.” Then Anderson went into the bedroom, and was followed there by the defendant who had a gun “on” Anderson. Anderson tried to take the gun away from defendant, and defendant shot Anderson in the head. When Locklear attempted to help Anderson, the defendant shot Locklear. The bullet passed through Locklear’s hand, entered his face, broke his jaw, and rendered him unconscious.

When Locklear became conscious, it seemed to him that defendant had left the house. Locklear tried to feel Anderson’s pulse, and there “was no pulse beat.” Locklear ran out of the house and saw a car, which appeared to be “a General Motors make” with two-tone colors, moving slowly, stopping, and then pulling up in the street. Two persons were in the car. Locklear hid in bushes by the house until the car went away, and then he went to a house next door, rang the doorbell, and told a lady there to call the police and an ambulance. Locklear testified that the car which he saw was similar to the car shown in the photograph, Exhibit 4 (photograph of Buiek automobile with two-tone colors). Mr. Anderson died as a result of the bullet wound in his head.