People v. Williams, Cr. 1315

• Decision Date: 30 July 1957
• Docket Number: Cr. 1315
• Citation: 314 P.2d 42,153 Cal.App.2d 21
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE of the State of California, Plaintiff and Respondent, v. Ezra WILLIAMS, Defendant and Appellant.

Page 42

314 P.2d 42

153 Cal.App.2d 21

The PEOPLE of the State of California, Plaintiff and Respondent, v. Ezra WILLIAMS, Defendant and Appellant.

Cr. 1315.

District Court of Appeal, Fourth District, California.

July 30, 1957.

Rehearing Denied Aug. 26, 1957.

Victor B. Walton, San Diego for appellant.

Edmund G. Brown, Atty. Gen., Lynn Henry Johnson, Deputy Atty. Gen., for respondent.

GRIFFIN, Justice.

Defendant and appellant was charged with the crime of murdering J. C. Mason, and a prior conviction of assault with intent to commit murder in Texas, and assault with a deadly weapon in California. He pleaded not guilty to the charge and admitted the the prior convictions. He was represented by a court-appointed attorney. A jury verdict resulted in conviction of murder in the first degree with punishment fixed at life imprisonment. A motion for new trial was denied.

According to the testimony, on the morning of September 2, 1956, defendant entered a cafe near 16th and J Streets in San Diego. Two witnesses observed he had a butcher knife and a pocket knife. The butcher knife was taken from him with the promise it would be returned when he left. As he departed he took it with him. About 1 p. m. that at afternoon these witnesses observed defendant chasing J. C. Mason down the street. Mason stopped and picked up something (2 rocks or bricks) and began to run toward defendant who went inside a nearby liquor store. One Rackley was in the cafe. The waitress told him of the affair. He left and found Mason was standing in front of the liquor store with a rock in his hand. Rackley took Mason by the arm and managed to get him into his automobile and drove away. Later Mason got out of the car. About 5 p. m. of that afternoon Rackley was stopped by the defendant who climbed into his car. Defendant informed Rackley he did not like what he did that afternoon in taking Mason away because he and Mason had had trouble the day before over cards and a woman and he was going to kill Mason if it was the last thing he did; and that when he started killing he was going to kill everybody around. He testified defendant kept repeating this statement over and over the rest of the afternoon as he drove him about in his car and while stopping at the homes of different friends of Rackley and while they were there drinking beer with each other. At one of these homes defendant exhibited a pocket knife and repeated that he was going to kill Mason. Both men were asked to leave these homes and at them there was a similar display of the open pocket knife blade by defendant with similar threatening words against Mason. They returned to the cafe and defendant again repeated that when he started killing he was going to kill 'everyone around as he couldn't get nothing but the gas chamber', and he would get Mason if it was the last thing he did. Right after making this statement defendant left the cafe in a hurry. Mason was coming down the street and defendant went to meet him, acting like a fighter shadowboxing, ducking and weaving with a knife in his hand. Mason backed away with his hand held up with some object in it like a rock. As Mason backed away and started to run, defendant rushed at him and stuck him with the knife blade, cutting his jugular vein. Both fell to the ground with defendant underneath. Later Mason stood up weakly, bleeding freely, and then fell to the ground and died. Defendant ran and was apprehended by officers. A bloody pocket knife, identified as the one defendant had in his possession, and two rocks were found near the dead body. A witness who knew defendant talked to him while in custody of the officer and asked him why he cut 'JC' (Mason) so high and defendant replied: 'Dave, I was trying to kill him. He had been taking my money and running me all day * * * I was trying to kill him.'

This testimony was corroborated to a great extent by several witnesses. There is evidence that defendant was, during the day, drinking considerable beer and was, at least, partially intoxicated.

As a defense, defendant produced testimony of certain witnesses that in front of the liquor store Mason had cursed defendant, was armed with two big rocks, and threatened defendant's life and that on defendant's arrest defendant complained of a bruise on his arm caused by a thrown brick or rock.

Defendant testified he had known Mason for several years; that he had been angry at defendant for four months over a poker game and that Mason had threatened to kill him. He denied the conversations related by the prosecution witnesses in regard to his threats to kill Mason, and said that Mason attacked him and that he was weaving and ducking in order to avoid being hit by the rocks which Mason threw; that he did not know he had cut Mason and had no intention of killing him.

On this appeal prosecuted by a different attorney appointed by this court, defendant first contends that the court erred in its instructions to the jury. The original reporter's transcript on appeal recited that in reading a certain instruction to the jury the trial judge said: 'If the unlawful killing of a human being is done 'without' malice aforethough but with deliberation and meditation * * * then the offense is murder in the second degree'. On application of the people for an order correcting the transcript to show the truth, under Rule 12, subdivision (b) Rules on Appeal, the trial...