People v. Lewis

• Decision Date: 22 November 1960
• Docket Number: Cr. 3070
• Citation: 9 Cal.Rptr. 263,186 Cal.App.2d 585
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Herbert Dale LEWIS, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

Page 263

9 Cal.Rptr. 263

186 Cal.App.2d 585

PEOPLE of the State of California, Plaintiff and Respondent, v. Herbert Dale LEWIS, Defendant and Appellant.

Cr. 3070.

District Court of Appeal, Third District, California.

Nov. 22, 1960.

Hearing Denied Jan. 18, 1961.

Allan B. O'Connor, Sacramento, for appellant.

Stanley Mosk, Atty. Gen., by Raymond Momboisse, Deputy Atty. Gen., for respondent.

WARNE, Justice pro tem.

Appellant was convicted of first degree murder and the penalty was fixed at life imprisonment. A motion for a new trial was denied. He has appealed from the judgment and the order denying the motion for a new trial.

At about noon on April 30th, the deceased, Wallace Millard Lucas, was seen by Sergeant Allen of the California Highway Patrol on United States Highway 40A some three or four miles west of Portola. At that time he was clothed only in his underclothing, socks and shoes. He was literally covered with blood. The traffic officer immediately took him to the Western Pacific Hospital in Portola, where he received emergency medical treatment from Doctor Charles W. Brown. On the way to the hospital he became unconscious and upon entry thereto he was in a state of deep shock. Dr. Brown testified that he had three distinct wounds on his body, consisting of a scalp wound on the back of his head, which was a stellate type of laceration, and two sharp lacerations, one on each side of his chest. The laceration on the right side extended down through the skin, muscles, ribs and into the chest cavity, while the one on the left side extended through the chest wall to the ribs. The chest wounds were inflicted by a sharp instrument. The laceration on the back of his head extended down to the skull. He remained in a critical condition and in immediate danger of death from the time he was received at the hospital until the time of his death which occurred at 5:30 on the afternoon of May 3, 1959.

An autopsy performed by Dr. V. A. Salvadorini, a pathologist, on the body of Lucas disclosed that he had received a lacerated wound at the back of his head, a clear cut fracture of the skull extending from the area of the laceration on his scalp to just beyond the midpoint of his head on the right side. His brain was swollen and there were areas of contusion at several points. There was a bruise on the top of the left shoulder of Lucas and on his left chest just below the armpit. There was a sharp wound on the left side of the victim's back just below the wing bone. This wound extended down to the ribs but had not penetrated through them. There were similar lacerated wounds on the victim's back on the right side just below the wing bone. This wound went through the skin and through the sixth and seventh ribs into the chest cavity. Fragments of the ribs were protruding into the right chest cavity and had injured the lung and surrounding tissue. The heart was about twice normal size and revealed evidence of old and fresh disease. The old disease was determined as rheumatic heart disease, which affects the valves of the heart. He also had extensive hardening of the arteries, known as arteriosclerosis. He had evidence of two previous heart attacks (two infarctions) and of a fresh thrombosis of one of the coronary arteries. Doctor Salvadorini determined that the immediate cause of Mr. Lucas's death was occlusion or blocking of the coronary artery, known as coronary thrombosis. It was his opinion that the injuries sustained by Lucas 'contributed to the overall picture in the production of this man's death.' He did state however that it was not medically improbable that a man in the condition of Lucas could die spontaneously without having received any injury.

It was also Doctor Brown's opinion that the injuries sustained by Lucas helped precipitate the coronary thrombosis which was the immediate cause of death.

Likewise, in the opinion of Doctor Willard S. Bross, another attending physician, the injuries sustained by Lucas could have precipitated a heart attack and in fact did.

After Lucas was taken to the hospital Sergeant Allen returned to the point on the road where he had picked up Lucas. The footprints of Lucas were discovered and traced back through the adjoining woods to the Schulz home where the attack had taken place.

The area near the Schulz home was such as to indicate that it was uninhabited, as a second house near the Schulz home was boarded up and had the appearance of not being lived in. There were no vehicles parked at the houses on that day, nor was anyone at the scene. Mr. and Mrs. Schulz had left their home at approximately 10 a. m. on the morning of the 30th and did not return until after 1 o'clock that afternoon.

In front of the Schulz home was found a large pool of blood. There were blood stains from the front corner of the house to the back corner of the west side, and there were spots of blood between the house and a pine tree, which pine tree had the imprint of a bloody hand on it. There was blood at the back of the house.

On May 1st, the day after the robbery, two men from the sheriff's office conducted a search of the area near the scene of the crime. They proceeded east from the scene along both sides of United States Highway 40A. They checked all culverts and brush on both sides of the road. When they arrived at a creek which traversed this road, they discovered the victim's pants and shirt, a shingling hatchet, and a cigarette lighter. There was still blood on the shirt and pants. The hatchet appeared to be wrapped in the shirt. The hatchet contained a piece of tissue, a trace of blood and several short grey human hairs. When examined with a microscope the tissue had the appearance of flesh. In the pocket of the shirt was discovered a bus ticket and a property receipt which contained the victim's signature. In the pocket of the trousers were found the victim's keys and a credit card. A hatchet similar to the one found had been used by Mr. Schulz in the garage at his home, and this was the last place he had seen it.

Shortly after noon on April 30th, Officer Gamble of the California Highway Patrol was on duty about 10 miles east of Portola, and at that time he observed appellant driving east in a grey Plymouth station wagon.

When appellant arrived in Reno he was placed under arrest. At that time he was wearing a white shirt, a pair of pants, and a pair of shoes. There were splatters of blood in the area of the cuffs of the trousers worn by appellant. There was blood on the shirt worn by the appellant and on his shoes.

At the time of his arrest the appellant had in his possession the wallet of Mr. Lucas which contained various identification and credit cards, as well as other papers. He likewise had in his possession two bail receipts which contained the signature of Mr. Lucas, and a $50 traveler's check which also contained his signature and which had been given to Lucas the previous day. In addition, he had ten $100 bills and $64.96 in other change, making a total of $1,064.96. Mr. Lucas had been in Modesto, California, and had left there sometime during the late afternoon of April 28th to return to Quincy. At that time he had $1,073.98 in his possession.

Just a few weeks before the murder the appellant found it necessary to borrow clothes to wear to work. He twice asked to borrow money from his roommate. The last such request was made on April 29th, the day preceding his arrest. Appellant likewise attempted on several occasions to borrow from a Mr. Sheldon. The last such attempt was made in April. On April 29th he stated to a Mr. Sprinkel that he had no luggage and that he wanted to find a job so he could procure enough money to return home to see his girl friend.

When he was being booked the appellant gave the name of Lucas and claimed that the various identification cards which bore Lucas's name were his. In the course of checking the wallets which the appellant had in his possession, two fishing licenses were discovered, one issued to Mr. Lucas and the second to the appellant. The obvious discrepancy in age which appeared on the Lucas license and the age of the appellant was pointed out to appellant who continued to insist that he was Lucas. Eventually, after some discussion he admitted his identity.

Later that day the appellant was interviewed by Officer Gamble of the California Highway Patrol who asked him if he had earned the money in his possession by working. The appellant stated that he had brought it with him from Illinois. He denied ever having known Lucas. When asked where he had obtained Lucas's wallet and papers, he stated he had found them on the seat of the car and put them in his pocket. When asked where he had been between the hours of 10 o'clock and noon, he said he was not sure but possibly in downtown Reno. When asked what his connection was with Mr. Sprinkel, the owner of the automobile, he stated that he and Sprinkel, together with a third party, were going to go into business together. When asked whether or not he had been near Portola, he said that he had not. As the officer had noticed blood on appellant's shirt, he asked him if he had any fresh cuts on his body. Appellant replied that he had a cut on his back. The officer requested appellant to remove his shirt and when he acquiesced the officer attempted to discover a cut on appellant's back but was unable to do so.

On May 12th the appellant was interviewed by Raymond J. Stonehouse, Special Agent for the State Bureau of Criminal Identification and Investigation for the State Department of Justice. At that time appellant stated that on the day of the crime he had not been in the vicinity of Portola and had not left Reno prior to his arrest. On May 15th Mr. Stonehouse again interviewed the appellant. At that time appellant stated that he had told his attorney that he was not in the vicinity of Portola on the day of the crime and that he had not left Reno that morning. He then stated that...