People v. Blake CA1/2

BACKGROUND

The Evidence at Trial On January 12, 1973, the Humboldt County Sheriff’s Office was informed by Arnold Ferris, manager of the Club Hupa and Club Hupa Liquors, that one of its janitors, Gerald Marshall, was missing. On January 22, Marshall’s body was found. The cause of death was a gunshot wound to the head. Accomplice Testimony Defendant’s accomplices, Milton Dowd, Gaylord Dowd,3 and Matthew James, provided the following testimony regarding the killing. Milton Dowd Milton testified that late in the morning or the early afternoon of January 10, 1973, he went to defendant’s home. About two hours later, James arrived in his car. The three men spent the afternoon drinking whiskey. While at defendant’s home, Milton saw defendant had a .22-caliber, scoped-rifle. After some time had passed, defendant, James, and Milton drove to Club Hupa, a club with an attached store that also sold alcohol, to buy more alcohol. Defendant brought the rifle in the car. Defendant went into the store and purchased more whiskey. The three men then drove around, drinking whiskey while doing so. They ended up at the home of Milton’s sister and brother-in-law, where they played pool. Milton’s…