People v. Nelson

Defendant John L. Nelson appeals from the judgment entered after a jury convicted him of first degree murder (Pen. Code, § 187). At the trial the People urged his conviction of murder in the first degree not only on the ground the homicide was deliberate and premeditated, but also on the ground that Nelson committed the killing in the perpetration of, or in the attempt to perpetrate, rape. The major issue on appeal arises from the trial court’s denial of Nelson’s motion to exclude evidence of two prior rape convictions to impeach his credibility should he testify as a witness in his defense. He contends the trial court abused its discretion in denying the motion. We agree and conclude the judgment must be reversed and the case remanded for a new trial.

Facts

In the early morning hours of January 6, 1975 police found the body of 55-year-old Ernestine Mitchell lying near the door in her bedroom of her well-secured house. Her face was covered with blood, but no sperm was found in her body. She had chop wounds on her hands, indicating she had tried to ward off blows. According to the pathologist, her death was caused by chop wounds to the skull and brain from some sharp and…