State v. Wright

• Decision Date: 10 July 1939
• Docket Number: 27461.
• Citation: 199 Wash. 521,92 P.2d 247
• Court: Washington Supreme Court
• Parties: STATE v. WRIGHT.

92 P.2d 247

199 Wash. 521

STATE v. WRIGHT.

No. 27461.

Supreme Court of Washington

July 10, 1939

Department 2.

Roy Wright was convicted of murder, and he appeals.

Affirmed.

Appeal from Superior Court, Yakima County; Hon. Dolph barnett judge.

Eugene D. Ivy, of Yakima, for appellant.

Lloyd L. Wiehl, of Yakima, for the State.

SIMPSON Justice.

The information in this case charges the defendant with the crime of murder in the first degree committed while he was unlawfully and feloniously engaged in the crime of robbing John Dee Moore.

The defendant entered a plea of guilty. Trial by jury resulted in a verdict that the death penalty be inflicted. The court then sentenced the defendant in accordance with the verdict of the jury.

In appellant's brief two assignments of error are made namely, that the court erred (1) in refusing to grant defendant's motion for a continuance of the date for trial; and (2) in holding that there was no appeal to prejudice and passion in the prosecutor's closing argument in which he said defendant would not be required to serve a life sentence, if imposed, because life did not mean life but only about eight years.

During his oral argument in this court counsel for appellant withdrew the first assignment of error.

The facts disclosed by the evidence, which included appellant's confession and admission of guilt while on the witness stand, may be briefly stated as follows Appellant was born July 12, 1920. Since the year 1932 he has spent much of his time in detention homes and reform schools in the state of California. During the month of June, 1938 he escaped from the Preston School of Industry at Ione, California, and went to Portland, Oregon, at which place he committed several acts of robbery. Thereafter he journeyed to Yakima, Washington, in a car he stole in Portland. After his arrival at Yakima appellant robbed two women near Wapato and another in the vicinity of Toppenish, using a revolver in the commission of those crimes. November 7, 1938, appellant went to the Packard agency in Yakima and asked to be shown a car. The owner of the agency, John Dee Moore, took him for a ride in a 1937 Packard coupe for the purpose of a demonstration. Appellant told Mr. Moore that his mother lived on Route 1 in Wapato. Appellant was driven around the city of Yakima for a short time and them, upon appellant's statement that his mother would make a payment on the car, they drove toward Wapato. After driving a considerable distance Mr. Moore became suspicious and asked appellant why he had been directed along a certain road. Appellant then stated that his folks lived in a house on a side road to the left of the one upon which they were traveling, and asked Mr. Moore for permission to drive the car, which was refused. Appellant then pulled a revolver from his outside overcoat pocket and told Mr. Moore to get out of the car and surrender his wallet. Mr. Moore with his left hand pulled the keys out of the ignition and with his right hand grabbed for the gun. Appellant then shot Mr. Moore, the bullet entering his right temple killing him instantly. Appellant drove the car through Toppenish on to the road leading to Goldendale, stopping twice in an endeavor to pull Mr. Moore's feet from where they had lodged close to the transmission gear shift. During one of these stops appellant took from the body four dollars in currency, a billfold, watch, knife, and tie clasp. At a place about twenty-six miles from Toppenish appellant turned off the main highway, stopped the car close to the edge of a gulch, pulled the body from the car and over the side of the gulch so that it lodged at a point five or six feet from the top of the bank. After wiping blood from the car and his hands appellant drove to Vancouver, Washington, where he left the automobile. During the next few days he traveled by various means to San Jose, California. At that place appellant was able to get a salesman to let him drive a demonstration car, and immediately drove away. Within a short time he was apprehended, and when charged with the crime of killing John Dee Moore readily confessed to the Yakima peace officers.

In his closing argument to the jury the prosecuting attorney included in his address the following statements: 'The very fact that the average stay in a penal institution for lifers is less than eight years the country over is proof of that fact. The very fact that some sentimental Governor may get in the Governor's chair and through sentimentality pardon some lifers on Christmas day is proof of that fact. You know if this boy goes to Walla Walla he will probably be out in perhaps ten years, and not more than twenty years. He will get out of there to prey again upon society. Do you think with his background that being placed in the penitentiary at Walla Walla will reform him? Do you think being among those hardened criminals, murderers, robbers those mad dogs...