People v. Simpson
| Citation | 43 Cal.2d 553,275 P.2d 31 |
| Decision Date | 26 October 1954 |
| Docket Number | Cr. 5547 |
| Court | United States State Supreme Court (California) |
| Parties | The PEOPLE of the State of California, Plaintiff and Respondent, v. Henry C. SIMPSON, Defendant and Appellant. |
Norman Leonard, San Francisco, for appellant.
Edmund G. Brown, Atty. Gen., Doris H. Maier, Frederick G. Girard, Deputy Attys. Gen., for respondent.
Henry C. Simpson and Clarence Eugene Simpson were jointly charged by indictment with the murder of Vivian Simpson on or about March 10, 1953. Clarence Simpson, being thirteen years of age, was certified to the Juvenile Court and proceedings against him suspended. Defendant pleaded not guilty and not guilty by reason of insanity. After a jury trial, he was found guilty of murder in the first degree without recommendation; he was also found sane at the time the crime was committed. Defendant's motion for a new trial on both pleas was denied. The appeal is automatic. Pen.Code, § 1239(b).
The theory of the prosecution, in essence, was that Henry Simpson counseled, advised, and encouraged, Pen.Code, § 31, his thirteen year old son, Clarence Simpson, to kill Vivian Simpson, the wife of Henry and mother of Clarence; that such crime was the result of premeditation and planning over a period of time on the part of Henry, Clarence, and a fourteen year old school friend of Clarence, one Jimmie Jones. Defendant and Clarence both deny the planning and premeditation, although Clarence admits aiming the gun at his mother and killing her with one shot through the chest. It is the main contention of the defendant that the testimony of Jimmie Jones, being an accomplice, is uncorroborated. Defendant denied that there was a plan made with Clarence and Jimmie to kill Vivian and claimed that Jimmie told him the gun went off when Clarence stumbled over a stake.
Henry Simpson and Vivian Dodge met in 1937, or 1938, in Porterville, California, and shortly thereafter commenced living together. Both parties had been previously married and Vivian had an infant son, Donald Dodge, living with her. In 1939, Clarence was born and in 1942, the couple was married. Two other sons, Billy and Gary, were subsequently born to them. The Simpsons moved several times, selling, at different times, grocery stores, an auto court, and a poultry ranch until 1952 when Henry traded a ranch near Escalon for a home at 1117 Herndon Road, in Stanislaus County. The Simpsons lived in this home until March 10, 1953, the date of the murder of Vivian. During this period, defendant bought a lot north of the family home and remodeled and re-built a house there. He traded that house for another on Holm Avenue which he was engaged in repairing and remodeling. During the period of time the couple lived together, Vivian worked at different occupations in an olive plant, canneries, grocery stores, and as a domestic helper for two different woman after the couple moved to the Herndon Road property. The relationship between the couple was not harmonious and the evidence shows numerous quarrels and abuse on the part of both. Defendant testified that Vivian was 'No good' and a 'whore'; that she had sexual relations with other men; that she beat and threatened the children. At one time Vivian had defendant arrested for threatening her with a deadly weapon at which time she left him for several weeks; at another time, defendant commenced a divorce action against Vivian but subsequently dismissed it. At still another time, defendant had a warrant issued for Vivian's arrest because she had been beating the children; a witness testified, however, that the action was taken to 'get even with her' for having had him arrested. About this time, defendant commenced another divorce action and the children were placed in the custody of the juvenile court. Both the criminal action and the divorce suit against Vivian were dismissed and the children were returned to the couple who started living together again.
Such was the background to the events which culminated in the shooting of Vivian on March 10, 1953.
Jimmie Jones testified that on Friday afternoon, March 6, 1953, he, defendant, and Clarence were at the Holm Avenue house which defendant was engaged in remodeling. Jimmie testified that defendant told him he wanted him, Jimmie, to be a witness for him and Clarence that they were going to kill Vivian. According to Jimmie's story, it was first suggested that Clarence use a baseball bat to kill his mother and then put a knife in her hand to make it look like self-defense. This plan was rejected by the boys. It was then suggested that a fishing trip be planned for a week from the following Saturday; that the boys bring a rifle into the house, pretend to be cleaning it, and that Clarence would 'accidentally' shoot his mother. Jimmie testified that he spent most of the follofing day, Saturday, with Clarence and defendant, and that defendant again brought up and discussed the plan for killing Vivian. On Monday, March 9, Jimmie again spent most of the day at the Simpson home and defendant again reiterated the plan to kill Mis. Simpson. The witness also testified that defendant told them repeatedly that they would have to kill Vivian, or she would put them in jail, or 'get them.' (The jail threat was based on an accusation allegedly made by Mrs. Simpson that he and Clarence had stolen a watch and some money from the Curtis home where she worked when they had been there waiting to take her home in the car driven by defendant.) Jimmie testified that defendant had told them that if they committed the killing nothing would happen to them, but 'to leave him out of it so he could get us a lawyer and after it was over he would get us a car and a gun and we would go on a trip that summer and have a lot of fun and everything'; for them to stick to their story (of an accidental shooting) and that He also testified
Jimmie testified that on Monday, March 9, he and Clarence, at defendant's bidding, took the gun out of the house and across the alley and put it in between the rafters and wall of a house which was being built by a man by the name of 'Bill' (later identified as one Bill Christian) to hide it: that later that night he and Clarence got the gun from its hiding place and put it in defendant's truck.
Concerning the day of the murder, Jimmie testified that after school, about four o'clock, he and Clarence went to the Simpson home and did the chores; that they went to the Holm Avenue house where defendant was working and that defendant again repeated the plan to them. After supper, the boys rode their bicycles to Roy Lutz' house to see if Mrs. Simpson were there; that after returning from there they 'went in the house and went in and laid down on the boys' bed and were reading books of some sort when the smallest boy, Gary, came in and told Clarence and I that Mrs. Simpson had a box of important papers that belonged to Mr. simpson, or something, and Clarence walked over to her bedroom and pulled the curtains back and asked her what she was doing with it. She said that she was just looking them over, that they belonged to both her and Mr. Simpson, that both of them had a right to look at them; that Clarence wasn't the boss of her.
Jimmie testified then that Mr. and Mrs. Simpson began arguing about their property, or deeds, and finally when defendant went outside and the small boy, Gary, started to follow him, that Mrs. Simpson followed the defendant and Gary outside; that Clarence and he also went out to the carport. He stated that 'Just before Mr. Simpson started to go out he called Clarence and I out and told us we would have to do it that night. He didn't give us any reason except she was going to get us if we didn't get her, we would have to do it that night. Then he took the two boys and went down to the neighbor's * * *.
'He went to the neighbor's. They were neighbors by the name of Bill Bill Parker, I think, something like that * * * Clarence and I followed him down. When we got there Clarence said something about, 'Do we have to do it now.' or something. Mr. Simpson was talking to Bill, we couldn't hear the conversation * * *. I don't remember the exact words he said. All I heard was 'do it now.' And Mr. Simpson, when he was through talking to Bill well, went back up to the house, then he went in. We followed him in. Then they started then the quarrel started over Gary * * *. Then after they were out on the porch, Clarence and I followed them out * * *. Mr. Simpson started to go outside; Gary went to follow him. Mrs. Simpson picked him, said he could stay with her, and Mr. Simpson said if he wanted to go with him, if Gary wanted to go with him, to let him come. Then Mrs. Simpson said, 'No, he could stay with me.' Then Gary got away from Mrs. Simpson, was crying to go with Mr. Simpson, so I took him out in the kitchen to get a drink. Mr. Simpson went outside, Gary followed him out. Mrs. Simpson went out to get Gary and she took ahold of one arm of Gary and Mr. Simpson had the other; ...
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