People v. Craig, Cr. 6083

CourtUnited States State Supreme Court (California)
Writing for the CourtCARTER; GIBSON; SPENCE
Citation49 Cal.2d 313,316 P.2d 947
PartiesThe PEOPLE of the State of California, Respondent, v. Claude A. CRAIG, Appellant.
Docket NumberCr. 6083
Decision Date01 November 1957

Page 947

316 P.2d 947
49 Cal.2d 313
The PEOPLE of the State of California, Respondent,
v.
Claude A. CRAIG, Appellant.
Cr. 6083.
Supreme Court of California, In Bank.
Nov. 1, 1957.
Rehearing Denied Nov. 26, 1957.

Page 948

[49 Cal.2d 315] Edward T. Mancuso, Public Defender, and Waldo F. Postel, Jr., Deputy Public Defender, San Francisco, for appellant.

Edmund G. Brown, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., Raymond M. Momboisse and Arlo Smith, Deputy Attys. Gen., Thomas C. Lynch, Dist. Atty. and Jack Berman, Deputy Dist. Atty., San Francisco, for respondent.

CARTER, Justice.

Defendant, Claude A. Craig, was found guilty by a jury of the first degree murder of Helen Ivy and the punishment was fixed at death. On his plea of not guilty by reason of insanity, the jury found him sane at the time of the commission of the crime. Defendant's motion for a new trial and for reduction of the degree of the crime was denied. The appeal is automatic. Pen.Code, § 1239.

On November 6, 1956, the defendant registered at the Civic Center Hotel and occupied room number 537 to which he was given a key with that number on it. He had come to San Francisco from Fresno to receive medical treatment for his back which had been injured. On the morning of November 7th, defendant called at the May T. Morrison Rehabilitation Center where he stated to an attendant that he wished he were married and that he would like to have a girl because he would 'like to have a little loving.' On the evening of the 7th, defendant went to the Bohemian Gardens at 1600 Market Street, where several times he asked a woman customer to dance with him. She refused and her last refusal was met by a torrent of abusive language from the defendant who called her a foul name and told her that if she did not dance with him she would find herself picking herself up off the sidewalk. While at the bar, defendant drank only beer and apparently remained sober. The evidence is in conflict as to just how many beers he drank the patrons at the bar claiming he had about three and defendant himself that he had about twelve. Defendant left the bar at about 2 a. m. with one Russell Martin with whom he walked up Market Street for about 20 or 30 feet. They then retraced their steps and crossed over to Franklin Street. Near the intersection of [49 Cal.2d 316] Franklin and Lily Street, or alley, Martin left the defendant. As Martin was leaving he saw a woman, later identified as the victim, Helen Ivy, approaching. Martin then apparently walked up Lily Street, or alley, in the direction from which the victim had come. Martin left the defendant

Page 949

standing at the Franklin-Lily intersection.

The body of Miss Ivy was found at about 7 o'clock on the morning of November 8th under a car, the wheel of which were jacked, or blocked, up, in a service station at the corner of Page and Franklin Streets directly across from the Bohemian Gardens. She had apparently been dragged some 20-25 feet and the car under which she was lying and the one next to it were spattered with blood. Miss Ivy was wearing a raincoat over a nightgown or slip and panties. The raincoat had been ripped open, the nightgown or slip and the panties were torn open so that the front part of the body was exposed. She was lying on her back with her legs spread slightly apart. Her panties which had been torn open in the front were under her; her arms were in the sleeves of the coat. The victim had suffered multiple contusions and lacerations of the face, both breasts, and of the area around the breasts. She had contusions or bruises of the neck with depressions in the skin. The skin of the lower abdominal area showed lacerations and there was a scuffing of the skin of the entire abdomen. The medical testimony shows that the 'scuffing' was probably the result of the body having been dragged across asphalt. Heel marks were found on the woman's mid-chest area and others on the lower abdominal area. There were four such heel marks. The autopsy revealed a hemorrhage into the neck muscles, fractured ribs on both sides; a lacerated lung, ruptured liver and a subarachnoid hemorrhage of the brain. The record shows that the medical testimony was to the effect that although she could have died of the injuries to the brain, lungs or liver, her death was probably the result of strangulation around the neck. It was estimated that it would have taken from 20 to 80 blows to inflict the injuries. A key to defendant's hotel room was found lodged in a fold of the clothing of the victim between her left arm and side.

Defendant, who appeared to be under the influence of alcohol, was next seen about 4:50 a. m. on November 8th at the office of the California State Railroad at Pier 27 in San Francisco. His hands were bloody, blood was spattered on his hat, coat, the bottom of his levi pants, and his face. When [49 Cal.2d 317] asked by one of the workmen at the pier what had happened to his hand which was large and covered with blood, the defendant replied that 'I beat up a woman' and that when he hit them 'they stayed hit.' The record shows that defendant returned to his hotel between 7 and 9 o'clock on the morning of the 8th without his hotel key which he said he had left in a bar. Defendant took off his coat and hat at the pier, hung them on a nail and left them there. The blood on them was subsequently found to be Type A which matched that of the victim.

At 9:45 on the morning of the 8th, defendant was at the Morrison Rehabilitation Center in an extremely agitated condition. His right hand was swollen and skinned as a result, he stated to an attendant, of a fall the preceding night. Defendant asked the attendant if she had read about the murder of a 'fluzzy' blonde in an alley the night before. 1

Defendant was arrested at 3 o'clock on the afternoon of the 8th. His right hand at that time was swollen and skinned, his right shoulder was bruised, his left knee was black and blue. In his hotel room, police found the shirt he had worn the previous night. It contained Type A blood. There was also blood on defendant's shoes, the heels of which corresponded with the heel prints on the victim's body. There...

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67 practice notes
  • People v. Hernandez, No. S004559
    • United States
    • United States State Supreme Court (California)
    • November 28, 1988
    ...the facts of the present case from the facts in Anderson, supra, 70 Cal.2d 15, 73 Cal.Rptr. 550, 447 P.2d 942, People v. Craig (1957) 49 Cal.2d 313, 316 P.2d 947, and People v. Granados (1957) 49 Cal.2d 490, 319 P.2d 346, in each of which evidence was found insufficient to sustain a convict......
  • People v. Shamblin, E059714
    • United States
    • California Court of Appeals
    • April 21, 2015
    ...or attempted rape was the nudity or partial nudity and the positioning of the victims' dead bodies.Defendant cites People v. Craig (1957) 49 Cal.2d 313, 316 P.2d 947 (Craig ), where the victim was found dead at a service station, lying on her back under a car with her legs “spread slightly ......
  • People v. Haskett, Cr. 21136
    • United States
    • United States State Supreme Court (California)
    • February 18, 1982
    ...70 Cal.2d 15, 31, 73 Cal.Rptr. 550, 447 P.2d 942; People v. Granados (1957) 49 Cal.2d 490, 497, 319 P.2d 346; People v. Craig (1957) 49 Cal.2d 313, 319, 316 P.2d 947.) Although the assertion is correct, the strong additional evidence of both planning and motive in the case is more than suff......
  • People v. Powell, S137730
    • United States
    • United States State Supreme Court (California)
    • August 13, 2018
    ...of an alternate explanation.5 Cal.5th 950Defendant contends these circumstances are comparable to those in People v. Craig (1957) 49 Cal.2d 313, 316 P.2d 947 ( Craig ), and Anderson , supra , 70 Cal.2d 15, 73 Cal.Rptr. 550, 447 P.2d 942, in which the evidence was found insufficient to suppo......
  • Request a trial to view additional results
67 cases
  • People v. Hernandez, No. S004559
    • United States
    • United States State Supreme Court (California)
    • November 28, 1988
    ...the facts of the present case from the facts in Anderson, supra, 70 Cal.2d 15, 73 Cal.Rptr. 550, 447 P.2d 942, People v. Craig (1957) 49 Cal.2d 313, 316 P.2d 947, and People v. Granados (1957) 49 Cal.2d 490, 319 P.2d 346, in each of which evidence was found insufficient to sustain a convict......
  • People v. Shamblin, E059714
    • United States
    • California Court of Appeals
    • April 21, 2015
    ...or attempted rape was the nudity or partial nudity and the positioning of the victims' dead bodies.Defendant cites People v. Craig (1957) 49 Cal.2d 313, 316 P.2d 947 (Craig ), where the victim was found dead at a service station, lying on her back under a car with her legs “spread slightly ......
  • People v. Haskett, Cr. 21136
    • United States
    • United States State Supreme Court (California)
    • February 18, 1982
    ...70 Cal.2d 15, 31, 73 Cal.Rptr. 550, 447 P.2d 942; People v. Granados (1957) 49 Cal.2d 490, 497, 319 P.2d 346; People v. Craig (1957) 49 Cal.2d 313, 319, 316 P.2d 947.) Although the assertion is correct, the strong additional evidence of both planning and motive in the case is more than suff......
  • People v. Powell, S137730
    • United States
    • United States State Supreme Court (California)
    • August 13, 2018
    ...of an alternate explanation.5 Cal.5th 950Defendant contends these circumstances are comparable to those in People v. Craig (1957) 49 Cal.2d 313, 316 P.2d 947 ( Craig ), and Anderson , supra , 70 Cal.2d 15, 73 Cal.Rptr. 550, 447 P.2d 942, in which the evidence was found insufficient to suppo......
  • Request a trial to view additional results

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