People v. Talle

• Decision Date: 16 June 1952
• Docket Number: Cr. 2730
• Court: California Court of Appeals Court of Appeals
• Parties: PEOPLE v. TALLE.

Page 633

245 P.2d 633

111 Cal.App.2d 650

PEOPLE v. TALLE.

Cr. 2730.

District Court of Appeal, First District, Division 1, California.

June 16, 1952.

Hearing Denied July 10, 1952.

James F. Boccardo, San Jose, George T. Davis, San Francisco, Edwin H. Williams, San Jose, of counsel, for appellant.

Edmund G. Brown, Atty. Gen., Clarence A. Linn, Dep. Atty. Gen., Winslow Christian, Dep. Atty. Gen., N. J. Menard, Dist. Atty., Louis P. Bergna, Dep. Dist. Atty., San Jose, for respondent.

PETERS, Presiding Justice.

Thomas P. Talle, by indictment, was charged with having murdered his wife, Margaret (Marge) Talle, on December 23, 1949. He pleaded not guilty. In due course he was tried before a jury and found guilty of murder of the first degree with a recommendation of life imprisonment. His motion for a new trial was denied, and judgment was entered. He appeals from the judgment and from the order denying his motion for a new trial.

Because of the comparatively long period (approximately 2 1/2 years) that has expired since the commission of the offense and the determination of this appeal, some explanation of the delay is required. The trial started in April of 1950. Judgment was rendered June 26, 1950. The reporter's transcript (of 3440 pages) was filed December 20, 1950. Appellant's opening brief was filed April 12, 1951. The respondent's brief was filed November 30, 1951. The appellant's closing brief was filed January 11, 1952. The cause was argued before this court on January 30, 1952. At that time appellant was granted ten days to file a supplemental brief, and the respondent ten days to reply. The appellant filed his supplemental brief on February 8, 1952. Respondent did not file its supplemental brief until April 14, 1952. The appeal was submitted that same day.

We have come to the conclusion that the judgment and order appealed from must be reversed. This conclusion is predicated upon the fact that the record demonstrates, for reasons hereafter set forth, that the defendant did not receive a fair trial.

Appellant urges that the evidence is insufficient to sustain the verdict of first degree murder. This contention is without merit. The evidence, although circumstantial and conflicting, is sufficient to sustain the implied finding of the jury that appellant murdered his wife, and that such act was premeditated and intentional.

The following recital of the basic facts is by no means complete, but it is illustrative of the general tenor of the testimony.

In 1935 appellant married a Mary Van Dyke, and in 1936 a daughter was born of this union. In the spring of 1944 appellant, then still married to Mary, met Marge, the deceased, who was then employed in a hotel in Denver as cashier, and the two fell in love. Marge, at that time, was married. Appellant told Mary of his love for Marge, and the two were divorced. Marge secured a divorce from her husband. During the interlocutory period provided by Colorado law, Marge and appellant lived together. After the two divorces became final, and on November 19, 1945, Marge and appellant were married.

There is but little doubt that the married life of the couple was far from happy, largely caused by appellant's excessive drinking. In March, 1947, in Colorado, Marge filed an action for divorce against appellant, but shortly thereafter the two became reconciled, and in the fall of 1947 moved to California where they settled near Los Gatos.

There is evidence that while the Talles lived in Colorado, and also after they moved to California, appellant, on several occasions, threatened the life of Marge. This testimony was given by a Mrs. Shoemaker who testified that she heard appellant make such threats from early 1947 up to October of 1948. Most of these conversations occurred in the Tick Tock Lounge in Denver, apparently operated by Mr. Shoemaker, and where Mrs. Shoemaker also worked in the evenings. Appellant visited this bar frequently from the fall of 1946 until he moved to California late in 1947. Mrs. Shoemaker met Talle at this bar and sometimes drank with him. She testified that about February of 1947 she heard appellant talk about 'disposing' of Marge; that at that time appellant offered her and her husband $500 if they would give him the name of some person 'that could do the job'; that appellant was drinking at the time, but was not incoherent and appeared to know what he was talking about. Incidentally, Mr. Shoemaker was not called as a witness nor was his deposition taken, he apparently being sick at the time of trial.

Mrs. Shoemaker also testified that in March or April, 1947, while she and her husband were present, Talle stated that he could use his automobile to do the 'job' and make it look like an accident. At about the same time he also stated, on several occasions, that he could put diamonds on Marge and make it look like robbery. She also testified that in August of 1947, after the Talles had returned to Denver after a short visit to California, appellant told her that while in California he had 'hired the best lawyer in the United States. * * * Mr. Boccardo'; that when the witness asked why he had done this, he replied: 'You don't think I am spending all this money because I want to live in California. I will move her out there where she won't have any friends and won't make any friends, and when the job is done, no one will be any the wiser.'

This same witness testified that in March of 1947 (at a time the divorce proceeding was pending between appellant and Marge) she was present in a room at the Brown Palace Hotel in Denver with her husband, Talle, and Mary, Talle's divorced wife, and heard Talle try to induce Mary to come back to him; that Mary replied that he was still married to Marge, and would talk with him about that subject when the divorce had been secured; that appellant then stated: 'I know how to get rid of Marge without spending any more money.'

Another conversation relating to the 'job' was had with appellant in August of 1948, when Talle returned to Denver on a visit. The witness testified that Talle then told her that Marge was pregnant (she was not); that all the plans had been made in respect to the 'job,' and that the witness 'would never hear from Marge and never see her again alive'; that the witness then offered to bet appellant $50 that she would see Marge again, and her husband offered to put up the $50, but Talle did not put up any money, although the witness and Talle shook hands on the bet. Mrs. Shoemaker also testified that she did not repeat these conversations to anyone. She also testified as to certain acts of physical injury inflicted on Marge by appellant, in 1947 and 1948, as related to her by both Marge and appellant.

This was very damaging testimony indeed. Appellant, who testified on his own behalf, while admitting that he knew the Shoemakers, and drinking at the Tick Tock Lounge, specifically denied each of the conversations testified to by Mrs. Shoemaker. Of even greater importance, in each instance in which Mrs. Shoemaker had testified that a third person, other than her husband, was present at one of these conversations, that person was called as a witness and unequivocally denied hearing or participating in such a conversation. Thus, Mrs. Shoemaker had testified that one George Adams was present and heard the conversation in the Tick Tock Lounge about putting diamonds on Marge to make the 'job' look like a robbery, or using the car to make it look like an accident. Adams testified that in 1947 he knew the Shoemakers well, knew Talle casually, frequently visited the Tick Tock Lounge, and occasionally conversed with the Shoemakers and Talle. He testified that he had never heard Tom Talle make any remarks concerning his wife, or any statement about disposing of or killing his wife, and that, in fact, he did not even know then that Talle had a wife. The testimony of Mrs. Shoemaker was then read to him in which she had stated that, while Adams was present, Talle had made the above referred to statements, and he then testified that 'There is absolutely no truth in it,' and again, that if Mrs. Shoemaker so testified, such testimony was 'definitely a lie.'

Mrs. Shoemaker had also testified that a Jo Watkins (now Mrs. William Hott) had been present and participated in one of the conversations in which Talle is supposed to have stated that he was going to load his wife with diamonds so as to make the 'job' look like robbery or an accident. Jo testified that she knew the Shoemakers and knew Talle, having occasionally gone out with him after his divorce from Mary. She remembered a conversation at the Tick Tock Lounge between the Shoemakers and Talle at which she was present. She was most positive that Talle said nothing about killing his wife; that any such testimony that he had so stated in her presence was 'absolutely a lie'; that the testimony of Mrs. Shoemaker that she was present at, and participated in, any such conversation was not true, 'It is the biggest lie I have ever heard.'

In reference to the August, 1948, conversation relating to the $50 bet, Mrs. Shoemaker testified that Joe Pollins, a chauffeur for Talle in 1948, was present and heard the conversation. Pollins admitted being in the Tick Tock Lounge with Talle and the Shoemakers several times in 1948, but was most positive that neither then nor at any other time did he ever hear Talle talk about disposing of his wife, or about hurting her in any way.

Mrs. Shoemaker had testified that Mary Talle had been present at the Brown Palace Hotel conversation when Talle is supposed to have talked about becoming reconciled with Mary. Mary admitted being present at that meeting, and testified that the meeting was called by Talle to discuss a settlement of the financial problems arising out of her divorce decree. She most positively denied that Talle had then asked her to return to him, and stated that no such conversation had taken place.

Thus,...