Castro v. People

• Citation: 140 Colo. 493,346 P.2d 1020
• Decision Date: 02 November 1959
• Docket Number: No. 18812,18812
• Parties: David CASTRO, Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.
• Court: Supreme Court of Colorado

Page 1020

346 P.2d 1020

140 Colo. 493

David CASTRO, Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.

No. 18812.

Supreme Court of Colorado, En Banc.

Nov. 2, 1959.

Rehearing Denied Dec. 14, 1959.

Edward H. Sherman, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Gerald Harrison, Asst. Atty. Gen., for defendant in error.

DOYLE, Justice.

Plaintiff in error, the defendant in the district court, seeks reversal of a verdict, judgment of conviction and life sentence on a charge that on May 13, 1957, he killed and murdered Celedonia Castro.

The evidence disclosed that the decedent had been the wife of the defendant but had been finally divorced from him for some period of time prior to May 13, 1957. On that date defendant appeared in the vicinity of 2900 West Colfax in Denver at approximately 5:45 A.M. This was the place of employment of the deceased. Defendant talked to various people, applied for a job and then waited until his former wife appeared at 7:00 A.M. on her way to work He then accosted her and after some argument stabbed her numerous times and she died immediately following this attack.

Testimony elicited on cross-examination of the people's witnesses indicated that the defendant was upset and distraught just prior to the attack. Immediately following the stabbing defendant struggled with witnesses who sought to restrain him and proclaimed his love for his wife and his desire to kiss her. Evidence was introduced on the people's case in chief to establish that at the time of the homicide defendant was able to premeditate and deliberate; that he knew right from wrong and had the ability to choose the right and refrain from the wrong. Three psychiatrists called by the people so testified.

Officers who were called to the scene of the homicide were allowed to testify to the oral declarations, admissions and confessions which the defendant made at the time. He was asked by one of the officers: 'Did you do this?' He answered: 'Yes.' He was then asked why he had done it and he stated that he 'had warned her not to go out with that other guy.' Another officer who testified to interrogating the defendant at the scene, stated that the defendant had cried three different times while he was being interrogated. Over objection of the defendant that this statement was not voluntary, the court permitted the officer to testify:

'He stated: 'I saw her coming down on side of street. I crossed over and met her. We argued about the dance last night at Soderstrums'. She laughed at me. I didn't want to do it and I told her not to go out with those other guys; I wish it could have been Vasquez. I love her so much, I was not going to let any other sons-of-bitch have her."

Other officers testified to an oral statement made by the defendant at a later time at the police building at which time he identified the knife which was used in the stabbing as his and said that he carried it with him in his line of work as a butcher and that he had it in his possession the morning in question because he was then applying for a job.

On behalf of the defendant, witnesses testified concerning the marital difficulties between the defendant and decedent from which it appears that decedent was much younger than the defendant, had been guilty of marital infidelity toward him and had filed a total of five divorce actions, the fifth of which culminated in a decree of divorce approximately 1 1/2 years prior to the homicide.

Defendant testified at the trial that he remembered going to the place in question on the morning of the incident for the purpose of applying for a job, and that he met his former wife there and had an argument with her during the course of which he slapped her. He denied any recollection of having stabbed her, but recalled a man pulling him away from her.

Psychiatric opinion testimony offered on behalf of the accused was to the effect that at the time of the crime the defendant was incapable of distinguishing right from wrong and was unable to refrain from doing the wrong due to mental illness and disease. Drs. Leo Tepley and Jack Hilton testified that these opinions were based upon extensive conversations and examination of the accused and upon the fact that on one occasion the defendant had tried to commit suicide following his being jailed on a complaint by the deceased.

The people's rebuttal testimony was that the defendant had admitted that his suicide attempt was a fake; that he did not really intend to hang himself and that he had threatened the life of the decedent.

The numerous errors assigned include the following:

1. That the evidence at the trial was insufficient in law to constitute murder in the first degree and that it was error for the court to submit a verdict of first degree murder to the jury.

2. That the court erred in receiving in evidence the testimony of the police officers as to conversations constituting admissions and confessions and in allowing rebuttal evidence without proper foundation and which was properly part of the case in chief.

3. That the statutory procedures which were followed by the court with respect to the issue of insanity were invalid and unconstitutional.

4. That the court erred in following the statutory tests of insanity, i. e., the right and wrong and irresistible impulse tests, and that this action of the court deprived the defendant of his liberty without due process of law and of the equal protection of the laws contrary to the Constitutions of Colorado and the United States.

The above points only are argued in the brief on behalf of the defendant and, although there are numerous other assignments, we do not believe, following a review of these assignments, that they need be discussed.

1. The question whether the evidence was sufficient.

Defendant argues that the evidence cannot be interpreted to support a theory and conclusion that the essential element of malice was established. His counsel argues that:

'* * * The record shows clearly that this was a sudden and impulsive killing--it was an instantaneous act of a sudden compulsion, provoked by an accumulation of events and abuses, resulting from a series of provocations and stresses ('there was a tremendous provocation extending over many years before the date of tragedy and certainly the last 48 hours', Dr. McDonald) and the indictable act was not thought out or perpetrated with deliberation or premeditation.'

In support of his argument, counsel summarizes the testimony indicating that the killing was the result of a sudden impulse as follows:

'* * * One need only draw upon his experiences to see how the facts are inconsistent with premeditation and deliberation; the defendant, applying for a job that morning, his conversations that morning; he is on the street, in broad daylight when he meets his wife; he talks to her next to the store (one witness says he thought they were lovers; suddenly there is shouting and an altercation ensued; the sudden and impulsive acts are described by the witnesses. The frenzy and wild compulsive acts (twelve cuts in her body). Even as he is assaulting her, hovering over her, he is crying; he repeats over and over, 'This is my wife; I love her'; as he is pulled off her he keeps insisting, 'I want to kiss my wife,' etc. When he is told she is dead, shortly thereafter he cries: 'Don't say that * * *' and he starts to cry: 'Oh, God, three little boys. Oh, Lord. Can I see a Priest?' He kept on crying. He said, 'Sally, please forgive me. Oh, God, my little Sally, Christ Almighty, Sally. God, please forgive me. Forgive me, Sweetheart.' He does not know what occurred. Then the record points to his demeanor, his confusion, he 'was kind of glassy-eyed' as he sits there and waits for the police.'

There was testimony before the jury of a long history of jealousy and bad feeling, including a prior threat. It also appeared that the defendant was carrying the murder weapon on his person. Although he explained this in terms of his applying for a job, this fact was nevertheless susceptible to the inference that he was carrying the knife as a weapon. The undisputed evidence is that he waited for some time until the decedent came to work and that he crossed the street in order to accost her. Other undisputed testimony is that he stabbed her twelve times. In view of this, there can be no doubt as to the sufficiency of the evidence in support of the requisite element of malice. See Eachus v. People, 77 Colo. 445, 236 P. 1009; Carlson v. People, 93 Colo. 570, 27 P.2d 745; Davis v. People, 112 Colo. 452, 150 P.2d 67; St. Louis v. People, 120 Colo. 345, 209 P.2d 538. The fact that the defendant is able to point to portions of the record supporting his theory of the case does not result in a conclusion that the evidence is insufficient. Evidence to show lack of malice was meager. The conflict (if it can be called a conflict) in the testimony as to whether the killing was malicious justified submission of the cause to the jury. See Hamby v. People, 109 Colo. 572, 128 P.2d 993. The verdict is amply supported by the evidence.

2. The question whether the court erred in admitting testimony.

a. It is argued that the statements, admissions and confessions of the accused were incompetent in that the accused was not warned that he had a constitutional right to refuse to answer the questions propounded. It is to be noted that the trial court carefully screened all of this testimony by conducting a voir dire hearing prior to its being formally offered, and after full hearing ruled that it was admissible.

We are of the opinion that the court did not abuse its discretion in holding that the statements were voluntary. See Downey v. People, 121 Colo. 307, 215 P.2d 892, 897, wherein the Court (per Mr. Justice Moore) said:

'* * * Before a confession can properly be admitted in evidence in the trial of a person accused of...