People v. Hughes

• Decision Date: 16 May 1962
• Docket Number: Cr. 4046
• Court: California Court of Appeals Court of Appeals
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Eldon Earl HUGHES, Defendant and Appellant.

Page 668

21 Cal.Rptr. 668

203 Cal.App.2d 598

PEOPLE of the State of California, Plaintiff and Respondent, v. Eldon Earl HUGHES, Defendant and Appellant.

Cr. 4046.

District Court of Appeal, First District, Division 2, California.

May 16, 1962.

John R. Aye, Rio Vista, for appellant.

Stanley Mosk, Atty. Gen., John S. McInerny, John F. Foran, Deputy Attys. Gen., San Francisco, for respondent.

KAUFMAN, Presiding Justice.

The only questions presented by this appeal concern alleged errors in the admission of certain evidence. Appellant was charged by indictment with two counts of incest, in violation of section 285 of the Penal Code. A jury trial resulted in a verdict of guilty on both counts. As no contentions are raised relating to the sufficiency of the evidence, it is not necessary to narrate the facts in detail.

The first contention on appeal is that the trial court erred in admitting People's Exhibits 3 and 4, containing certain statements made by the appellant in the face of an accusation by his daughter, the prosecuting witness. Appellant, relying on People v. Simmons, 28 Cal.2d 699, 172 P.2d 18, contends that his responses were inadmissible as they were complete denials of the incestuous conduct charged. There is no merit to this argument. Accusatory statements and the responses thereto are admissible under a well recognized exception to the hearsay rule. As stated in People v. Davis, 43 Cal.2d 661, at p. 670, 276 P.2d 801, at p. 805: 'If the accused person expressly admits the truth of the accusatory statement, both the statement and answer may be admitted. If the accused person expressly denied the accusatory statement, there is no admission. If the accused makes an evasive or equivocal reply which is not directly responsive to the accusatory statement, or remains silent, it has been held that under certain circumstances both the accusatory statement and the response are admissible.' Each case must be determined on its own facts (People v. Davis, 48 Cal.2d 241, 309 P.2d 1). In the instant case, shortly after his arrest, appellant's daughter, in the presence of the district attorney, made certain accusations. When the district attorney asked her to tell him what happened, appellant interrupted the conversation and said: 'Doris, don't tell him anything.' Appellant's daughter ignored this admonition and related several incidents of incestuous conduct, including the evidence forming the basis of one of the counts of the indictment. When the appellant was asked what he had to say about this, he said: 'I have nothing to say. I don't know what's going on.' He repeated this answer to several subsequent questions.

As to the statements complained of in relation to Exhibit 4, there, again, appellant was asked, after he had been confronted by his wife and daughter, if he had anything to say about the daughter's accusation. He again replied 'no' and refused to give any explanation. At no time was there an unequivocal denial of the accusations. We think the trial court properly concluded that the appellant's responses were equivocal and that the evidence was admissible on the issue of consciousness of guilt. The record also indicates that the jury was properly instructed on the evidence.

Furthermore, even if the admission of the statements was improper, it could not be prejudicial under the circumstances of this case. The substance of the daughter's accusatory statement was again related in her direct testimony, and the substance of her testimony relating to the medical examination was related by the doctor in direct testimony. Even if erroneously admitted, in view of the overwhelming evidence against the appellant, we can see no reversible error within the meaning of article VI, section 4 1/2 of the state Constitution (People v. Simmons, 28 Cal.2d 699, 172 P.2d 18).

The second contention on appeal relates to the admission into evidence of a tape recording which was obtained by means of a recording device operated by the county sheriff's office. Appellant was shown in the sheriff's office, where he was met by his wife and daughter. A microphone or pick-up was permanently installed in the wall of this office and on this occasion directly connected to a tape recording machine in the adjoining room. Appellant contends that...