People v. Anderson

Opinion (

ROTH, P. J. Found guilty of second degree murder (Pen. Code, § 189) by a jury, appellant, Berttrand Anderson, appeals from the judgment entered pursuant tó the verdict.

Appellant and the victim, Sandra Heckman, had lived together for a period of about a year and a half. In April 1972, they were living together at 241 E, Washington, Apartment #2 in the City of Pasadena. The apartment was shared by Pamela Boynkin. On the evening of April 12, 1972, the three of them and Pamela’s friend, James Strutt (Jim) attended a party at which they became intoxicated. They returned to the apartment at approximately 2 a.m. Sandra appeared extremely upset, was crying and paced around in the nude. Appellant, Pamela and Jim had something to eat; and at about 3 a.m. Sandra went to bed. Within minutes thereafter Sandra came out of the bedroom, appeared sullen and upset and inquired if appellant had eaten and returned to the bedroom. Within a half hour to 45 minutes appellant followed Sandra into the bedroom. Jim and Pamela went to bed in the living room.

Shortly thereafter Pamela and Jim heard Sandra crying and a series of banging noises, approximately 10 to 15 in number, which sounded as if they were coming from the wall next to the bed. Jim asked Pamela what the noise was; she replied, “Oh, it’s probably Sandy just kicking the wall.” Thereafter appellant was heard to say that he wanted to get some [955]sleep; Sandra continued to cry, was heard to leave the bedroom, enter the bathroom and turn on the water.

At approximately 10 a.m. the next morning appellant entered the living room, stated Sandra was not in the bedroom, and inquired where she was. Appellant and Jim entered the bathroom and saw the body of Sandra lying in the tub in water. She was dead. There was a red tie kimono belt around her neck. It appeared that she had been strangled from behind.

Appellant complains of prejudicial error severally and collectively in respect of the admission of evidence.

Appellant requested that the testimony of the pathologist which included his opinions and conclusions which had been given at the preliminary hearing without objection be read into evidence. He now contends that the pathologist’s opinions and conclusions were inadmissible; that there was no basis for the conclusion that Sandra’s death was due to strangulation or that death was not self-inflicted and that as a consequence the corpus delicti was not established. The record shows that appellant’s attorney represented to the trial court that he had thoroughly cross-examined the pathologist at the preliminary hearing; had no objections to the testimony being read to the jury and, pursuant to appellant’s request, it was read. Obviously there was no objection made in the trial court. Even in the absence of appellant’s conduct above detailed, the merit or lack of merit in appellant’s argument could not be raised for the first time on appeal. (People v. Nicolaus (1967) 65 Cal.2d 866 [56 Cal.Rptr. 635, 423 P.2d 787].) Nevertheless, we have read the record and find no error. (People v. Deriso (1963) 222 Cal.App.2d 478 [35 Cal.Rptr. 134].)