People v. Williams

Defendant was convicted of murder in the first degree, Count I, and assault with a deadly weapon with an intent to commit murder, Count II. He was sentenced to the state prison for life on Count I and for the term prescribed by law on Count II, the sentences to run concurrently. Defendant has appealed from the judgment of conviction for murder.

The murdered victim, Mrs. Hattie Eda Williams, was a former wife of the defendant. She resided at 11830 Centralia, in Artesia. The homicide and assault here involved occurred on the night of November 1, 1959. During the previous July defendant had slapped Mrs. Williams and had told her that if he could not have her that no one else could. It was in this same month that Mrs. Williams’ divorce from defendant became final. Around the first of October the defendant told

On the morning of November 1st, Mrs. Williams’ sister, Mrs. Slogski, arrived at the Williams home at approximately 7 o’clock with Mrs. Williams’ four children, who had spent the night with her. The defendant arrived between 9 and 9:30 that morning by prearrangement, to take the children for an outing. Mrs. Slogski left at 11 o’clock but returned around 6 o’clock. Defendant, Mrs. Williams and the children were there. Defendant remained until about 7:45 that evening, during which time he and Mrs. Williams had an argument relative to his taking the children to a drive-in. Mrs. Williams refused permission, stating that the children had to go to school the next day and pointing out to defendant that he had been drinking, and that he was not supposed to be there when drinking. Although he had been drinking, he was not drunk. Defendant left but returned again about 8:30. Mrs. Williams refused to let him into the house and told him to go home. Defendant remained for some five minutes and then left. Later, Mrs. Williams and her sister turned out the lights, and the latter went into the kitchen to get some coffee, at which time she observed defendant through the kitchen window. When she informed Mrs. Williams of this development, Mrs. Williams told her to call the police.

Mrs. Williams went to the front door with the idea of talking to the defendant through the door and trying to stall him until the police arrived. While Mrs. Slogski was on the telephone she heard the sound of breaking glass and Mrs. Williams yelled to her, “Run to Pioneer for help.” According to defendant’s statement to the officers, he broke the glass in the door, opened it, and came in. He jabbed the woman at the door with his knife. Although it was dark and he could not see her, he believed this was his wife. She ran and began hollering. Defendant knew Mrs. Slogski was talking on the telephone calling the police. He was immediately beside her. Mrs. Slogski threw the telephone at him, which he claimed hit him in the face. Defendant then stabbed her three times in the abdomen. Mrs. Slogski ran out the front door following her sister. Defendant yelled, “That’s right, run, you cowards.” After running about 100 yards, Mrs. Williams fell. Mrs. Slogski picked her up and they started to run again, but Mrs. Williams collapsed and died, having been stabbed in the heart. Defendant got into his car and left. He drove to a trailer belonging to Thomas A. Cooper, at 11110 Artesia Boule

The officers arrested defendant at the Cooper trailer, where they obtained the knife, which defendant had handed to Cooper. A bloody handkerchief was wrapped around his hand. While it appeared to the officers that defendant had been drinking, he was not drunk at that time. He stated that he had obtained the knife in a trailer and had taken it with him to scare and threaten his wife and sister-in-law and their mother. He explained that when no one would let him in at Mrs. Williams’ home, he smashed the glass and entered. He further stated that when he got inside there were no lights on and it was dark, he just “began stabbing with the knife at anybody he felt in the room.” When told by the officers that his wife was dead, he said something to the eSeet, “My God, no.” He then inquired whether Mrs. Slogski was dead. When told that she was badly hurt, defendant stated, “If I ever get out of this, get out, I will kill her. I will kill her for sure.” When asked whether he had been drinking, defendant stated that he had drunk four half-quart cans of beer but nothing else.

Defendant later gave the officers a statement which was reduced to writing. In it he recounted the events of the day and the conversation that he had at the door with his wife when she refused to let him come in, following which he broke into the house and stabbed her and Mrs-. Slogski, who was in the process of calling the police. Defendant remembered hitting Mrs. Slogski but did not remember how many times. He expressed the wish that he could kill her, and again later during this interview stated that if he had his sister-in-law in the room he would kill her. At the time he gave this statement, defendant appeared to be emotionally upset.

At the trial defendant amplified the account of his drinking in the late afternoon and early evening of that fateful day, which account included, in addition to the beer, two drinks of whiskey at around 6 p.m. He disclaimed any intention of

Defendant contends there was insufficient evidence to support his conviction of murder in the first degree. He points out that the People introduced evidence that he had been drinking before the stabbing and also that he had been struck on the head with the telephone before the assault was made. He argues that the People are bound by this evidence, which they introduced, and because of this evidence defendant could not have the requisite intent to commit murder.

Murder is the unlawful killing of a human being with malice aforethought. (Pen. Code, § 187.) Malice is implied when there is no considerable provocation or when the circumstances attending the killing show an abandoned or malignant heart. (Pen. Code, § 188.) A murder which is wilful, deliberate and premeditated is murder of the first degree. (Pen. Code, § 189.) In this connection it must also be remembered that before a judgment of conviction may be reversed on the ground of insufficiency of the evidence, it must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial evidence to support the conclusion reached in the court below. (People v. Newland, 15 Cal.2d 678 , 681 [ 104 P.2d 778 ].) Also, we must assume in support of the judgment the existence of every fact which the trial court could have reasonably deduced from the evidence, and then determine whether t^e facts “justify the inference of guilt.” (People v. Deysher, 2 Cal.2d 141 , 149 [ 40 P.2d 259 ].) Applying these principles to the factual situation at bar, it is clear that there is ample evidence to sustain defendant’s conviction of first degree murder.

Initially, it should be noted that defendant admitted stabbing the deceased when he broke through the door and entered her home against her will on the evening in question. This amply establishes that the killing was unlawful.

It is clear from the evidence that there was no provocation for this murder. Mrs. Williams did nothing more than to refuse defendant permission to come in, and to attempt to prevent his entrance. Since there was no provocation on the part of the decedent, the trial court was justified in concluding from the nature of defendant’s act and the eireum

It is true there is testimony given by the defendant of his relations with the decedent which, if believed, would tend to indicate that he and his former wife had been getting along agreeably. Because of defendant’s interest in the outcome of the case, the trial court was not required to believe this testimony (People v. Zilbauer, 44 Cal.2d 43 , 49 [ 279 P.2d 534 ], People v. Bush, 180 Cal.App.2d 885 , 886 [ 4 Cal.Rptr. 853 ]) and obviously did not believe it.

The same conclusion, namely, that the murder was deliberate and premeditated, may be reached by pursuing another theory. Defendant had repeatedly expressed his hatred for his sister-in-law and his desire to kill her. He even expressed an intention to kill her following the incidents of the evening in question. It has been consistently held that if a person intends to kill another it is first degree murder if his acts result in the death of someone else. The intent, in such case, is transferred by law from his intended victim to the person killed. In other words, the crime is exactly what it would have been if the person against whom the intent to kill was directed had in fact been killed. (People v. Buenaflore, 40 Cal.App.2d 713 , 717 [ 105 P.2d 621 ]; People v. Suesser, 142 Cal. 354 , 365 [ 75 P. 1093 ]; People v. Wells, 145 Cal. 138 , 140 [ 78 P. 470 ].) The trial court could have reasonably inferred that defendant intended to kill his sister-in-law, Mrs. Slogski; that such intent was deliberate and premeditated, but that through inadvertence he killed his former wife instead. Under the above authorities he would nevertheless be guilty of first degree murder.

Defendant’s argument that the People introduced evidence showing that the defendant had been drinking before the murder; that the People are bound by this evidence, and that because of such evidence defendant could not have